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SRIEF ACCOUNT 



OF THE 



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OP THE 



NBW-YORK STATE PRISON 



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Together with a compendium of 
CRIMINAL, LAW. 

ALSO 
A Report of tits Trial of an Officer of said Prison far whipping a 

CONVICT. 



BY G, 



, AGENT and KEEPER. 



AUBUBN, N. Y. 

PRINTED BY U. F. BOUBLEJDAY, 
-..- 182.G. 



W^^wW^^iW^W^WwrniW*^^^^^^^^^'^^ 






BRIEF ACCOUNT 



OF THE 







OF THE 

NBW-YOKK STATS FRI3GN 

AT 
TOGETHER WITH A COMPENDIUM Ob 1 

CRIMINAL LAW* 

ALSO 

A Report of the Trial of an Officer of said Prison for \vhipjpixq £ 

CONVICT, 





BY €# POWERS, AGENT and KEEPER. 



AUBURN, N. Y. 

PEI^TED BY U. F. DOUBLEDAY, 

1626, 






\ 



<£.%* 

<& 



INDEX, 

Page. 

General Government of the Prison, 1 

General Regulations and Discipline, 1 

Duty of Convicts, 3, 59, 61 

Some rules and practices relative to the Officers, &c. 8 

Receiving Convicts. 4 

Opening Prison iu the morning, and proceedings of the day, 5 

Breakfast, 5 

Of the : : ick, 6 

Clothes time, . G 

Dinner, 6 

Closing the Prison at night, and night duty, 6 

Sunday Regulations, S 

Sunday BreaK fast, 8 

Sunday morning School, 9 

Divine Service. 9 

Sunday afternoon School, 10 

Of Turnkeys reliefs, 10 

Visitors, 10 

Scrubbing, cleansing, white-washing, airing North WiDg, &c. 11 

Hospital, 11 

North Yard, 12 

The Guard, 13 

Kitchen and Wash-room Departments, 13 

Some particular Regulations as to Vaults, <5cc. 14 

Canying water to drink, to the Shops, 14 

Other Shop Regulations, 14 

Female Department, 15 

Discharging Co; victs, 15 

Religious Instruction, 17 

Sunday School Instruction, -20 

Duty of Assistant Keepers, % 21. 60 

Duty of Clerk, 22 

Duty of the Physician, 22 

Duty of the Deputy Keeper, 23 

Duties and Powers of the Agent and Keeper, 23 

Contracts and Contractors, 25 
Abstract of Contracts first made, and those which have been 

changed or extended, with some general remarks, 26 
Coopers' Shop, 26 
Tailors'' Shop, 27 
Shoemakers' Shop, 27 
Tool Shop, 27 
Weavers' Shop, 27 
Blacksmiths' Shop, with a Schedule of prices for manufactur- 
ing certain articles, (A) 28 
Rations — Contracts for supplying them— Annual exnensc 

per man, " 29 

Convicts' Clothing and Bedding 29 



Solitary Cells— Confinement, &c. and the effects produced 

by Solitary Confinement, 30 

A Compend of Statute Criminal Laws, 33 

Extracts from the Inspectors' Report of January, 1824, con- 
taining Remarks on the Improvement of the Criminal 
Code, on the Pardoning Power, Excise Laws, &c. &x. 47 

Extracts from the State Commissioners' Report of January, 

1825, in relation to the Auburn Prison, 53 

New Prison at Sing-Sing, S3 

Extract from the Report of the Prison Discipline Society, at 
Boston, containing Remarks on the Auburn State Prison, 
and others — with an engraving, 56 

Mode of Punishment and Means of enforcing Discipline^ 60 

Report of the Trial or an Assistant Keeper for whipping 

a Convict, Q2 

Judge Walworth's Charge to the Jury, 63 

General description of the Buildings, Walls, and Yards* 
with remarks on the importance of facility of Inspection? 
and other arrangements in building Prisons, 73 

General and present health of the convicts, 76 

Reformation of convicts, 77 

A Table, shewing the number of convicts received on first 
conviction — their crimes, sentences, ages, places of 
nativity, employment, the number of deaths, pardons, 
&c. 80 

Table, shewing the number and employment of convicts, 

Oct. 31, 1826, _61 

(A.) At page 23, there is a mistake in the prices of certain articles of Blacksmith 
Work, which was not discovered in time to be corrected elsewhere. — For all edge- 
tools, compasses, hammers, shovels, screw-plates, braces and bow drill stocks, we 
furm-sh stock, at the prices there stated,, 



This prison has, for some time past, attracted much public attention ; 
and a solicitude to obtain information, in reiatiou to it, is rapidly increas- 
ing. Many distinguished individuals, from various parts of the United 
States as well as from Europe, are almost daily calling, to examine per- 
sonally, its management and the peculiarities of its construction and dis- 
cipline. They invariably appear highly gratified, and almost as uniform- 
ly solicit prison reports or pamphlets, from which they can learn, at leisure 
and m detail, the whole concerns of an institution which strikes them 
so favorably on a general examination. It has been a subject of regret, 
that the desired information could not be given in the form requested. 
Much of it was only to be found scattered through the journals, of the 
Legislature, and much, in regard to police and discipline, existed onlv 
In practice, and had never been reduced to writing. Such indeed must 
always be more or less the case, as experience may, or may not suggest 
improvements : and also, because all the minutite of proceedings would 
be too voluminous 

These considerations seemed to require, that the main principles and 
practice of this institution should be presented in a pamphlet form, suit- 
able for general circulation. Besides, such a compilation had become 
fmportant as a manual for the use of our own prison officers, and espe- 
cially those who might be newly appointed. 

In addition to this, the Agent received a letter from Governor Clinton 
in behalf of one of the states, requesting a full accouut of this institu- 
tion, About the same time, Messrs. King &< Wharton of Philadelphia, 
and judge Shaler of Pittsburgh, Commissioners appointed by the Le- 
gislature of Pennsylvania, to revise the criminiual code of that state, 
made a visit to this prison, and not being able, during that visit ,to col- 
lect all the facts they desired, sent, after their return home, a series of 
interrogatories g to the Agent, of similar import, but more extensive than 
those of Governor Clinton. Previously to this, an official letter was 
received from Ohio, containing the following questions, 

1st An epitome of the law regulating the institution. 

2d. Its organization as to officers & guards. 

3d, The prison discipline. 

4th Clothing and diet. 

5th The kind of labour performed. 

Cth. The finances, and whether it is a loss or gain to the state. 

7th. How many convicts have you and what is the average number 
rejceived and discharged annually. 

8th. The expenses charged against the institution, and whether the 
costs of prosecuting convicts are charged to the respective Counties 
or paid by the institution. 

From these questions and those contained in the other two letters 
which follow, at length, the labour as well as importance of answering 
them may be readily perceived. 

With all these circumstances in view, the Agent has ventured upon 
the task of employing such portions of time, as could be spared from 
the discharge of his ardous official duties, in preparing the following 
£age?,. without much attention to style of composition or method of ar- 



21 

rangement. Formal or exact answers will not be found to all the ques- 
tions, proposed ; but it is believed, that the most important, are sub- 
stantially answered — and that a body of facts and principles are collect- 
ed, which may be of considerable use to the public. It is hoped that 
this attempt may induce others, possessing requisite time and talents, 
to do ample justice to a subject, than which, none can be of more vi- 
tal importance to a great and free people 

A compendium of the statute of criminal iawofthis state will be 
found, which will be convenient to the members of the bar, and more 
especially to others who wish to obtain a general knowledge of that 
subject : And the report of the tr;al of one of our Assistant Keepers, 
for an assault and battery, in whipping a convict, at a late Court of 
Oyer and Terminer, where one of the most e : ightened Judges of this 
state presided, must be particularly interesting to the public. The 
rights and duties of Keepers and prisoners were ably discussed by em- 
inent counsel, and were clearly settled by the Court, as will appear 
from the Judge's charge to the Jury. 

Albany, 1th August, 1826. 
Sir— 

I wish answers to the following questions, in as specific a shape as 
possible, and as soon a^ convenient. As they are to be sent out of the 
state, I apply to you, because I wish to present them in the most au- 
thentic shape. And you will please to understand, that this request is 
made, not for my nformation (because I am already pretty well ac- 
quainted with the different subjects) but for the use of one of the 
States. 

What is the size of your Penitentiary ? 

What did it cost 1 

How long has it been in use 1 

How high and thick are its walls, and of what are they made 1 

How many cells d es it contain 1 and are they constructed for one 
or more persons to lodge in ? 

How are your criminals clothed and fed 1 in what way are they em- 
ployed 1 and what is considered the most profitable labor they can be 
engaged in 1 

What punishment is inflicted for disorderly conduct or disobe- 
dience ? 

What is your police 1 

Have you guards 1 if so, how many ? 

What would be the proper size for the employment and safe keep- 
ing of sixty or seventy criminals t 

I am your most ob'"t serv't, 

DE WITT CLINTON. 

Qershom Powers, Esq. 



lit 

Philadelphia, August 15, lS*2t>. 

Dear Sir : — ■ 

Availing ourselves or your polite offer to furnish us with writ- 
ten answers to such inquiries, relative to the situation and discipline of 
your excellent establishment, as we conceived would further the exe- 
cution of our official duties, we beg leave to solicit answers from you 
to the subjoined interrogatories. 

The necessity of reporting? to the next legislature, renders an early 
reply, an object of considerable importance. And we will feel the ob- 
ligation conferred upon us much increased, by hearing from you as 
soon as your convenience will admit of. 

1st. What is the area or space, occupied by your prison ? What is 
-the height, length, &c. of the external walls ? What is the design 
and number of the prison buildings ? 

2d. In what part of your establishment are the work-shops placed 1 
How are they arranged, lighted and warmed ? 

3d. What is the size, number, mode of lighting, warming, airing, 
cleansing, furnishing, and fastening the night cells, when occupied 
by prisoners ? 

4th. What system have you adopted as to the time and manne" of 
the prisoner's quitting their night cells ; taking their respective meals, 
pursuing their labor, and returning agajn to their night cells 1 

5th. Is conversation suffered between prisoners during day or night 1 
If nay, what means are resorted to, to prevent and punish it, and how 
far have you found them effectual ? 

6th. Are convicts ignorant of any mechanical art taught in your 
prison 1 If so, how is that object effected, without, communication 
between the prisoners; and by whom are the convicts taught ? 

7th. Do you use cell punishment, and low diet, for refractory pri- 
soners ? Have you any experience as to its operation in producing 
obedience, and what is your opinion of it, as a means of enforcing 
discipline 1 

8th. What is your opinion as to the effect of prompt corporal pun- 
ishment, for rebellious, or insubordinate conduct 1 Have you not. 
found that its existence, and prompt and certain application for offen- 
ces, has had the effect of diminishing the violations of discipline, and 
consequently punishment of convicts? A detailed answer to this 
question would be acceptable. 

9th. Have you any experience as to the operation of solitary con- 
finement, without labor, as a mean of punishment for crimes 1 If 
yea, from what facts does you r experience arise ? How long have you 
known prisoners so confined, and how many ? What effect did the 
confinement produce on their bodily health, and if any, what effect on 
their minds ? Do you know of any re-convicti ns of prisoners, from 
solitude 1 This question is so partiGularyl interesting in this state, 
"where we have a prison exclusively adapted to solitary confinement, 
without labor, and another that can be only changed from it, by alter- 
ing the plan of the unfinished part, that we shall be much pleased by 
^earing from you fully on this subject, 



IV 



Kith. Are the visits of the 'friends of convicts, and others, p«rmitte<$- 
in yonr prison ; and under what rules and restrictions ? What is your 
opinion as to the policy of suffering any such interference with prison- 



ers 



11 tli. How are your prison rs clothed, and at what avarage annua! 
expense each 1 Of w hat does their food consist, and at what diurnal 
expense per man to the state, and how is it supplied ? If by contract, 
at what rate 1 

12th. Are your prisoners employed for the state, or are they hired 
out to contractors 1 If the latter, at what prices per diem, per man 1 
Which is, in your opinion most advantageous to the state 1 

1 13th. How is religious instruction conveyed to your convicts 1 
Have you any method of informing those, ignorant of reading or wri- 
ting, and what is your method 1 

14th. How is cleanliness of the person and cell of the convict en- 
forced in your prison 1 Hon often is his clothing changed and wash- 
ed 1 How often is his cell cleaned and white- washed ? 

15th. What is the general condition of the health of your convicts ? 
How many have you n w in your Hospital, and from what diseases 1 
What has been the number on your sick list for three years past, and 
how have the cases resulted 1 

' 16th. Is any of the product o.f a convict's labor given to him during 
his imprisonment, or at his discharge ? Are tasks set for yonr con- 
victs and overstint allowed ? And what is y ur opinion as to the 
good or bad effects of such a system of Prison discipline ? 

17th. Have you any written rules and regulations for the govern- 
ment of your prison 1 If yea, please annex a copy to your answer. 

18th. Be so good as to state the whole number of prisoners now in 
confinement at Auburn, distinguishing males from females, and stating 
their particular offence, and whole number pardoned and reconvicted, 
We are, sir, respectfully 

Your ob't. serv'ts. 

EDWARD KING, \ Commit 
T. I. WHARTON, ) sioncrs, 
1 jtershom Powers, Esq. 

Facts are now sought after by the intelligent public in relation to 
State Prisons and the administration of criminal justice, instead of 
plausible therries and speculations, however splendid or captivating. 

It is therefore suggested, that, if the officers of every public peni- 
tentiary would be careful to preserve copies of all their documents and 
reports on file, in their respective institutions; and also transmit copies 
anuually to each other, immense benifits would result to the public. 

The importance of this measure cannot fail to strike the attention 
of every reflecting mind ; and a strict compliance with it hereafter, is 
most respectfully and earnestly urged, upon the consideration of those 
who have such ample means in their power rf promoting the ptablip 
good, 



GENERAL GOVERNMENT 

OF THE 

PHISOML 

THIS Prison is governed by a board of five Inspectors, residing ur 
(he village, who are appointed every two years by the Governor and 
Senate. They have no compensation, and are forbidden, by law, to 
make any contracts for the purchase or sale of any articles with the 
Agent of the Prison. They appoint the Agent and Keeper, Deputy 
Keeper, and all subordinate officers, who are removable at their 
pleasure. 

They are authorised and required, by several acts of the Legisla* 
hire, to make and establish such rules and reg 1 .. ions, from time to 
time, for the government of the Prison, as they may deem necessary, 
and which the officers are bound to enforce and observe ; all of whom 
are required to take an oath prescribed by law. 

Under these regulations, (the more minute details of which, the 
experience of the officers has. from time to time, chiefly suggested to 
the Inspectors,) those officers discharge their various functions. 

The Inspectors are required, by law, to make an annual report to the 
Legislature, of the progress and condition of the institution, and all 
its various concerns, and to make such suggestions, as to the amend- 
ment of criminal laws, as may occur to them ; and are also required 
frequently to visit, personally, arid inspect the discipline and manage- 
ment of the Prison. 

There is also a statute, directing two of the Inspectors to be pre- 
sent at the corporeal punishment of convicts by whipping. 

For the above purposes, it is the practice, for at least two of the In= 
spectors, to meet at the Prison every Monday morning ; but they 
frequently have no cases to adjudicate upon and punish. They also 
meet as a Board, and transact their official business at the Prison, m 
an Office provided for that purpose. 



GENERAL REGULATIONS AND DISCIPLINE. 

One of the earliest regulations of the present Board of Inspectors', 
is the following :— 

" That the convicts shall receive no letters or intelligence from or 
concerning their friends, or any information on any subject out of the 
Prison • nor 'be permitted to write letters themselves * 'That no re*?*- 

B 



tioii or friend shall be allowed to speak to a convict, except in souit 
extraordinary case, where the condition of his property or family 
imperiously requires it, and then only in the presence of the Agent or 
Deputy Keeper : but that any information concerning the convicts 
will be furnished to their friends en personal application, ot by letter, 
post-paid, directed to the Agent.'' 

About the same time, the board also passed a resolution to take 
from visitors 25 cents each, instead of half that sum, which was the 
firmer practice, not with a view to increase the revenue, but to ope^ 
rate as a check upon a certain class who ©verthronged the prison. 

Another highly important regulation was early sanctioned by the 
same board, compelling the officers to prevent any convict from ever 
speaking to another convict, without special direction from and under 
the eye of a Keeper, under all circumstances where such a rule could 
possibly be enforced. Hence various other auxiliary regulations, 
which will hereafter appear, that have been adopted to carry into ef- 
fect the above. 

In the code of regulations reported to the Legislature by the Inspec- 
tors in 1823 (but long before sanctioned) and published in the Assem- 
bly Journals of that year,are the two following articles relating to the 
general duties of Assistant Keepers, and also of convicts. 

DUTY OF TURNKEYS. 

''Turnkeys, when on duty, are to govern themselves in strict con- 
formity to the rules of the Institution, and at all times, when in the 
Keeper's Hall, to consider themselves subject to the rules of the Prison, 
and therefore at such times, refrain from singing, whistling, scuffling, 
loud immoderate laughter, provoking witticisms or severe sarcasms on 
each other ; and it is strictly forbidden for one Turnkey to treat ano- 
ther with harsh injurious epithets, in the presence of convicts. 

No Turnkey shall absent himself from the Prison during business 
hours, without consent of the Keeper or Deputy Keeper, or leave his 
station in any part of the Prison, unless upon urgent and necessary bu- 
siness ; and if a Turnkey shall, at any time, obtain leave of absence from 
the Keeper, he shall, prior to leaving the Prison, acquaint the Deputy 
Keeper with the same. 

No Turnkey shall send a convict to the' Hospital, or give medicine, 
(unless in extraordinary oases,) without orders from the Keeper, Depu- 
ty Keeper, or attending Physician. 

No Turnkey shall say any thing in respect to the police of the Pri- 
son, in the presence of convicts, unless it is in the way of directing 
them in their duty, or admonition for delinquencies ; neither shall he 
hold common place conversations with convicts, or allow them to speak 
to him on 'any subject, except on necessary business. 

Turnkeys shall not compromise with convicts who neglect their duty 
or violate the rules of the Institution, but shall report all such subjects 
to the Keepers, for correction. 

If a Turnkey shall, at any time, punish a convict for misconduct, he 
sh&ll, in a reasonable time thereafter, make a formal report of the same 



3 

to the Keeper or Deputy Keeper, stating the nature of the offence and 
the kind and amount of punishment inflicted on the delinquent. 

Each Turnkey must keep a list of his men's names-, and against 
each man's name, he must set the number of the cell occupied by him ; 
and instruct them in all the rules of the Prison that it is necessary they 
should be acquainted with. 

No Turnkey shall suffer any person belonging to the Institution or 
otherwise, to sell, or borrow and carry away, any thing belonging to the 
Prison, without consent of the Keeper, or Deputy in his absence." 

DUTY OF CONVICTS. 

"The whole duty of a convict, in this Prison, is to obey orders, la- 
bor diligently in silence, and whenever it is necessary for him to speak 
to a Keeper, to do it with a humble sense of his degraded situation. 

Convicts must approach the officers of the Institution with deference, 
and bestow on them, when addressing them, all the civic titles which 
politeness demands in the respectable circles of life, and when speak- 
ing of or to each other, they must omit those distinctions. 

They are not to laugh, dance, whistle* sing ; run, jump, or do any 
thing that will have the least tendency to disturb or alarm the Prison. 

They are to labor diligently and not to leave their places without per- 
mission from a proper officer, and are, at all times, to keep their caps 
off, except when in the yards, or laboring in the blacksmiths-shop. 
They are not to converse or speak at all to any person who does not 
belong to the Institution. 

No convict shall make use of profane or obscene language, chew to- 
bacco, have it in possession, or ask any person for it. They shall not 
look off their work to gaze at spectators or impudently gaze at them 
when idle. The object of this regulation is, if possible, to prevent 
their looking at, or paying any attention to spectators, as they pass 
through the Prison. 

It is easy to perceive, that the most unceasing vigilance and unti- 
ring zeal, on the part of the officers, are requisite to enforce these re- 
gulations, and that they occasion a vast variety of particular rules and 
practices, to carry into effect those general objects which can onLv be 
suggested by experience. 



'Some rules and practices that may not hereafter appear under any a*i~ 
propriate head. 

No spiritous liquors are ever used by any officer in er about the 
Prison, nor allowed to be taken to the guard-bouse, or used by the 
guard, when on duty. 

Nor is the practice now permitted for an officer, when he is first ap- 
pointed, or resigns, to invite the other officers together for the purpose 
of drinking or treating, as it is called. 

All the Turnkeys are required to attend divine service at the Prison^ 
except, oiie in the north wing and one in the kitchen. 



A uiiiibiiii graviiy and dignity of deportment is always to be ob- 
served by the officers, in the presence of convicts, calculated to in- 
spire them with respect and confidence, and not to indulge, in the least 
degree, in levity, passion, or petulence. 

And in their intercourse, at all times, the officers are to treat each 
other with that mutual respect and kindness that become gentlemen 
and friends, and to cultivate an ardent zeal to promote the best inte- 
rests and advance the reputation of the Institution, in the credit of 
which, they must, of course, be common sharers. 

They thus avoid collision, jealousies, envies, separate and party 
views and interests, and combine their united talents and exertions for 
the promotion of the public good and the advancement of their own 
reputation. 

Almost every movement, in this Institution, is directed by system 
and order, and tends to seriousness and humility. 

The convicts silently marching to and from their rest, meals and la- 
bor, at precise times, moving in separate corps, in single file, with a 
slow lock-step, erect posture, keeping exact time, with their faces in- 
clined towards their Keepers, (that they may detect conversation,) all 
give to the spectator somewhat similar feelings to those excited by a 
military funeral ; and to the convicts, impressions not entirely dissimi- 
lar to those of culprits when marching to the gallows. 

The same silence, solemnity and order, in a good degree, pervade 
every business and department. 

The Keepers prevent talking and the diversion of looking at spec- 
tators, by keeping their eyes constantly on the convicts under their 
charge, and are usually walking back and forth through their shops, as 
well for this purpose, a& to keep the convicts industriously employed. 

Their stillness and order at meals and in the chapel, are truly im- 
pressive; and during the night, their lodging department of solitary 
and silent cells, is one of peculiar solemnity and gloom. Nor can 
any one visit the Sunday School, opened and closed by prayer, where 
half a hundred young convicts are taught, for the first time, the rudi- 
ments of learning and religion, without having his feelings deeply af- 
fected. 



RECEIVING NEW CONVICTS. 

9 The convicts, who are received, before being allowed to go to work 
or into the cells, have their irons taken off, are then shaved, their hair 
cut, their bodies cleansed with warm water and soap and thoroughly 
purified from the filth and vermin which they too often bring with them 
from county jails. — They are then decently clad in the clean striped 
dress of the Prison, and a descriptive list taken and entered by the 
Clerk in a book for that purpose. — They are then carefully instructed* 
by the Keeper or Deputy, in the few plain and simple rules by which 
it is necessary their conduct should be governed, and then put to work 
at such trades as they may have; and if none, the Keeper selects such 
?*s they appear best adapted to, from their apparent constitutions and ac-? 



uvity. Convicts arriving in the night, are always placed in a parties 
lar large dark room till morning.* 

OPENING THE PRISON IN THE MORNING AND PROCEEDINGS OF THE DAY 

Hours of labor vary according to the season. In long days, they 
commence at a quarter past five o'clock in the morning and close at six 
at night ; and in short days, the hours are so fixed as to embrace all the 
day-light. 

Fifteen minutes before opening the Prison, a sharp sounding bell is 
rung by the guard at the front gate, for the officers and guard to as- 
semble, and soon after, a small bell in the north wing, where the con- 
victs lodge, by an officer on night duty, for the convicts to rise, dress, 
and prepare to come out.. At the end of fifteen minutes, the bell at the 
front gate again rings, when the Turnkeys take their keys from the 
key room and proceed to their respective galleries and unlock the con- 
victs, who march out, with their night tubs, water cans, and mush kids, 
which last, they leave in the wash room which they pass through, and 
then proceed through the yard, empty their tubs in the vault, rinse 
them at the pump, partly fill them with water to prevent their falling 
to pieces and from becoming offensive, and place them in rows by the 
sides of the shops, which they then enter and commence labour ; bat 
before breakfast, wash their faces and hands in vessels prepared, in 
their shops, for that purpose. 

BREAKFAST. 

At from seven to eight in the morning, according to the season a 
large bell, hung in the centre of the interior yard, is rung, as a signal 
for breakfast, when the convicts form again in a line in the shops, °and 
are marched by their respective Turnkeys through the yard, and enter 
the large dining hall or mess room, at two different doors, face around 
and stand by their plates till all have got their places, when the Stew- 
ard Turnkey rings a small bell and they instantly sit down to their 
meals, which have been equally divided by the cooks. — But as some 
eat more and some less, convict waiters, provided with large vessels 
pass along constantly between the tables, taking food from those who 
raise their right hand, in token that they have it to spare, andgivino-to 
those who raise their left hand, to signify they want more ; thus ^av- 
araging their food to their various appetites, without allowing them to 
exchange food with each other, which would make confusion. The 
tables are narrow, and the convicts sitting on one side only, are placed 
face to back and never face to face, so as to avoid exchanging looks or 
signs. When the Steward perceives the convicts have done eating or 
have had ample time for it, he rings the bell, when all rise instantly & and 
march to their shops to labor ; those going out first who came in last. 
All this occupies from 20 to 30 minutes. 



L 1S £ r ° pe , r i iere t0 State ' and ex P 03e t0 P ublic ^Probation, the practice of 
some bnenffs and Deputies, of allowing- ardent spirits to convicts on their war tr 
prison, and frequently to mtfi a decree, th^t thev come in grovly in^T^at^ 



OF THE SICK. 

Sick convicts report themselves, as such, to their Turnkey, who » 
puts their names on a paper and sends it to the Keeper's. Hall ; when, 
at 9 o'clock, in the morning, the Physician comes, he sends to the 
shops for the sick, and they all are taken, at once, by a Turnkey to the 
Hospital, where they are examined, and such as require it, are retain- 
ed, and others seat back to their shops with written directions to Turn- 
keys, for full or light labor as their cases may require. 

CLOTHES TIME. 

From 10 o'clock, A. M. till half past 10 is called "clothes time".— 
When convicts clothes or shoes need changing, they are required to 
report themselves to the Turnkey, who sends them up to the clothes 
room, at clothes time, where the Deputy Keeper attends and gives them 
clean and whole clothes as they need, except shirts, which they change 
on Sunday mornings at their cells, after their being distributed under 
the direction of the Turnkeys on Sunday duty. Blacksmiths come to the 
clothes room and exchange clothes, every Saturday night, just before 
the Prison closer. 

DINNER. 

The convicts .always dine at 13 o'clock, and the proceedings are 
precisely as at breakfast. 

CLOSING THE PRISON AT NIGHT AND NIGHT DUTY. 

Just before quitting labor, the fires are secured, the convicts wash 
their faces and hands, and then, at the ringing of the yard bell, the con- 
victs fonn in a line,in, their proper plaoes,according to the numbers of 
their cells, march out of their shops to their rows of tubs, and, at com- 
mand, take them up, step forward* empty the water in the drain, hang 
the bail on their left arms and proceed in reversed order, from coming 
out in the morning, those going in first who came out last, to the wash 
room adjoining the kitchen, where their mush and molasses in a kid 3 
and water to drink in a can, have been placed together in rows by the 
cooks, and, without breaking their step, the convicts stoop and take up 
their supper and drink and march to their respective galleries, enter 
their own cells as they arrive at their numbers and pull their doors 
partly to. Each gallery is occupied by one company, which is march- 
ed and locked up by one Turnkey, with, two keys, differing from each 
other and all the rest. 

The keys, having been taken. from the key room by the kitchen 
steward and placed in the wash room window, are taken by the Turn- 
keys as they pass through with their companies ; and when they arrive 
at their galleries, commence locking their cells at No. 1, and as they 
enter the keys, the convicts suddenly quite shut the doors, which 
proves that the convicts are in their cells, without the delay of examin- 
ing. When the Turnkey has gone through his gallery, he returns di- 
rectly back to No. 1, trying all the locks, to guard against mistakes. 
The Tmnkevs tty?n. aH repair to the Keeper's Hai) 5 and, if the cdnr . 



xicts are ail iii the ceils or hospital, return the kejs to the kn\ room. 
But if not, which they ascertain by the hospital report and the list of 
• convicts of each gallery, kept by the Turnkeys, with the No. of the 
cells annexed to each, their keys are retained till the convict is found ; 
but this has rarely ripened. 

When the keys are secured in the key room, the bell is rung at the 
front gate, to signify thac all is right, when the Deputy Keeper, Turn- 
keys and guard may all leave the Prison, except two Turnkeys and 
one guard, who remain one hour and a quarter, the former watching 
the solitary win£, and the latter tending the front gate and inner door?. 

It occupies about 20 minutes from the time of stopping labor uatil 
the "all right" bell is rung. 

Two other Turnkeys and two other guard then arrive to perform 
duty through the night. 

One of the guard goes immediately into the yards and shops, and 
spends one hour examining, carefully, to find if any fire is left, and as 
often as once an hour, goes into the interior yard, for that purpose,, 
through the night. 

The night station for the guard is in the Keeper's Hall, adjacent to 
and within common speaking distance from the grate of the door lead- 
ing into the lodging department or north wing. They take turns in 
sleeping and watching. 

The two Turnkeys, in the north wing, do the same ; so that one 
Turnkey and one guard are always awake ; to be assured of which, they 
are required to report to each other every thirty minutes, on pain of 
removal. As an additional security, the Keeper and Deputy frequent- 
ly go silently in at different hours of the night. 

Turnkeys are enjoined to keep constantly moving around the galle* 
lies, and to the Hospital, (which is in the attic story of the north wing) 
having socks on their feet, and walking so noiselessly, that each convict 
does not know but that he is at the very door of his cell, ready to dis- 
cover and report, the next morning, for punishment, the slightest breach 
of silence or order. Thus, the whole wing, containing between 4 and 
5 hundred convicts, is almost as still as the house of death. If any 
one is taken violently sick, he may rap on his grate, on which the 
Turnkey will go to him, send the guard for the Keeper and if he 
thinks it necessary, the convict is taken to the Hospital and the Prison 
Physician sent for. 

This wing, in the proper season, is well warmed by stoves in the 
area around the cells, which are thus sufficiently heated. 

The convicts are required, at an early hour, by the ringing of a bell, 
to take off their elothes and go to bed upon their canvass hammocks, 
with sufficient blankets — but when well, are not permitted to lie down 
before the bell rings, nor to get up again, but from necessity, till the 
bell rings in the morning. The area around the cells, the Keeper's 
Hall and the Agent's dwelling are kept well lighted, by lamps, through 
the night. 

After the convicts are rung down? at night, all the locks are again 
tried by the Turnkevs on duty.. 



At 4 o'clock in the morning, the principal cook is let 'out from ins 
cell,, builds tires in the kitchen and commences preparations for break- 
last. He canJnow|be watched'through a grate,[lately made in the door 
between the wash room and north wing,by the Turnkey there, and re- 
quired by the ringing a small bell, suspended to a wire in the kitchen 
and extending into the north wing, whenever out of sight,to show him- 
self. The several Turnkeys, who have no companies of convicts to 
lock and unlock, place themselves while that is doing, in the angles 
and different places about the wing, to aid in observing and prevent- 
ing any talk or irregularity among the convicts as they march along 
the galleries, and are some of them more or less, occasionally, out of 
the view of the officer who locks and unlocks them. The key of the 
key-room is always, day and night* in the hands of some one, in the 
Keeper's Hall, who is on duty. Convicts are shaved once a week in 
their shops by convict barbers, on Friday or Saturday, and their hair 
kept short. 

They are also compelled to wash their feet often, and in the warm 
season, frequently to bathe in one of the reservoirs of water in the yard. 

A duty roster of the officers and guard is kept hanging in the Keep- 
er's hall and kept by the officer on duty there, showing the order and 
time of their performing night, hall and Sunday duty. 

There is a hall waker stationed in the wash room, and called by 
pulling a wire attached to a bell, whose business it is, to sweep and 
clean the offices, make fires, carry messages, &c. &c. 

A convict's word is never taken even against another convict, and 
much less against an officer. 

SUNDAY REGULATIONS. 

On Sunday morning, the officers and guard are ail present, and the 
Prison is opened at the same time, and in the same manner as on 
other days ; and after emptying and rinsing their night tubs, march 
back to their cells and their doors latched, when a convict is let out 
from each gallery to distribute the clean shirts through the door grates, 
which have been put up in as many bundles as there are galleries of 
convicts, and with a Turnkey going always by his side. 

The Sunday scholars are taken from their respeetive'celis, with their 
Bibles, Spelling-books, tubs and blankets, and are placed in cells in a 
vacant gallery, under the charge of a Turnkey, for the convenience of 
taking them to and returning from the school-room, in the opposite 
wing of the Prison. The names of those reported sick, on Sunday 
morning, are put on paper by the Turnkey and hung on a wire by the 
door, which the Physician takes, and visits them at their cells. 

Turnkeys must see that the convicts are provided with Bibles, combs 
and glasses to read, when necessary, and the Scholars with Spelling- 
books, 

SUNDAY BREAKFAST. 

The officers remain until the bell rings for breakfast,*when*the con- 
victs are let out and marched through the wash room and kitchen to 
the mess room; and when they return from breakfast through the 



wash-room, take their cans ot* fresh drinking water, which have been 
filled and placed there by the cocks. 

The convicts are then locked up in the usual manner, the keys re- 
turned to the key-room, and the officers disperse, except two Turn- 
keys, who both watch the cells and Hospital through the day, (after 
having been relieved by two others an hour for breakfast,) in the same 
manner as is done by one at a time, at night, except that they allow 
no well convicts to lie down till the bell rings at evening. 

One guard also remains all day in the Keeper's Hall, to tend the 
front gate and inner doors, he having elso been relieved for breakfast, 
but neither he nor the Turnkeys on duty, are relieved, to eat again, un- 
til night. 

SUNDAY MORNING SCHOOL. 

At half past eight, the Turnkey, whose turn it is, returns, unlocks 
and takes the scholars to the school-room, where they are instructed by 
8 or 10 young gentlemen from the Theological Seminary, and one or 
two others, who generously volunteer their services. They are also 
superintended by the Turnkey, and remain in school until divine ser- 
vice. The resident Chaplain has the general superintendence of the 
Sabbath School, which is also visited by the Agent and Deputy Keeper. 

DIVINE SERVICE. 

At precisely 10 o'clock, the officers and guard are all assembled 
a'gain, and then all the convicts are unlocked, in the usual way, and 
marched through the wash-room, leaving their water-cans again, and 
proceed on, in usual silence and order, into the south wing and upper 
west story, prepared for a Chapel, with narrow seats with backs, so 
that they sit comfortably, facing the minister, without looking in each" 
others' faces. A sermon is delivered, and usual Divine service per- 
formed, except singing. 

Small platforms are erected at the sides and ends of the Chapel, 
where the Turnkeys sit, so elevated, as perfectly to overlook every 
convict. 

The guard remain outside of the Prison, and the Turnkey, who 
oversees the kitchen, remains there with the cooks, to prepare and di- 
vide their rations of meat, bread and vegetables, which are to supply 
them until next morning. This is put in their mush-kids, their water- 
cans filled again with fresh water, and all arranged as usual in the 
wash-room. 

When Divine service has closed, and the Chaplain retired, the 
Company, which came in last, at the word of their Keeper, rise and 
march out, and the other Keepers with their men following in the 
same manner, and, as they pass again through the wash-room, take 
their kids of ratious and cans of water to their cells, are locked up, 
and the Turnkeys and guard, (except those on duty,) disperse for 
the remainder of the day. r 

If any convict has used or spilt his can of water, and needs more, 
lie is supplied by the Turnkeys on duty, through the door grate, by 
^he aid of a tunnel. 



10 



SUNDAY AFTERNOON SCHOOL, 



At half past three o'clock, the Turnkey, on that duty, unlocks and 
takes the scholars again to the school-room, where they remain, as be- 
fore, from two, to two and a half hours, and are then locked up for the 
night. 

These scholars, after emptying their tubs on Monday morning, put 
them in their proper places, with others of their several Companies, 
with whom they are again locked up at. night in the usual way. 

of turnkeys' reliefs. 

There are only 17 Turnkeys at present, who are allowed one hour 
for breakfast and one for dinner ; and as ten, at least, are indispensably 
necessary at all Prison hours, they can only be relieved by eating at 
different times of the day. For instance, some dine a* 11, some at 12 
and others at one o'clock. During the hours of relief, two Turnkeys 
must be in the two Coopers' shops, three in the Weave-shop, two in the 
Shoemakers' and Tailors' shop, one in the Carpenters' shop, one in 
the Blacksmiths' shop, one in the kitchen and one in the north yard. Af- 
ter relief is over, one is added to the weavers' shop, and one to the coopers',, 
one goes into the north wing to attend to that and the Hospital, One, 
and sometimes two to wait on visiters ; and it often happens that one 
or more are sick — especially the day after doing night duty. 

Scrubbing, white-washing, making repairs, and other jobs about the 
Prison, constantly require the superintendence of such Turnkeys as 
may not be regularly necessary in the established departments. The 
number of Turnkeys, is, in truth, too small, and frequently occasions 
difficulty in getting along. 

The same remarks, as to relief, will apply to the guard. 

visiters. 

I'he guard, at the front gate, admits, at the proper hours, all decent 
persons who request it : and if they wish to visit the Prison, are di- 
rected to the Clerk's Office, where they are furnished with Tickets, 
at 25 cents, each person, from a Ticket Book, similar to a Bank Check 
Book, in the margin of which are entered the date, number and amount 
of Tickets. 

The guard, at the inner door in the Keeper's Hall, allows no one to 
pass into the Prison, without the permission of the Keeper or Deputy, 
unless there is a Turnkey to go with him, and he has a Ticket* which 
the guard slips on a wire, through a hole, into a close box, which is 
opened every month, and the Tickets compared with the margin of 
the Ticket Book, to guard against fraud or mistake. 

Visiters are conducted through the shops, north wing, and other 
departments, except that of the females and of the Hospital. They are 
treated politely, and all desired information cheerfully furnished them. 
They are to speak to no convict, nor excite him to look up, by stopping 
f*o gaze at him, of by signs, nor indulge in general conversation, or 
*#e Ifevdegr^ of Iptitk in the hearing of coBvicts. nt>r to talk ebon? 



11 

particular convicts the}- may know, in their or others' hearing, rjor, 
in any way, to furnish the convicts with the least intelligence. 

SCRUBBING, CLEANSING, WHITE-WASHING, AND AIRING THE NORTH 
WING, ITS GALLERIES, AND CELLS. 

The cells and galleries are thoroughly scrubbed every Saturday, in 
the forenoon, in warm weather, and every other week during the cold 
season, when one half or side of the block is scrubbed Friday fore- 
noon, and the other, Saturday forenoon, as it would leave too much 
dampness there to have the whole done at once. 

This operation is commenced after relief is over in the morning, 
and employs from -twenty to thirty convicts, who require from two to 
three Turnkeys to oversee them — to see the scrubbing well done, and 
to prevent any talking, as they are scattered about, and passing in and 
out with water. About half are employed with brooms, and also 
scraping irons, adapted in shape to all the corners and crevices, and 
the rest in bringing and dashing on water, and in filing or mopping 
the cells and galleries as dry as possible, as last as they are scrubbed ; 
commencing with the upper tier of cells and galleries, and thence de- 
scending to the ground brick floor, which is also washed, and the 
water swept off clean into the drain. In cool weather, the fires are 
also kept up through the day, to prevent the wing and cells' being 
damp at night. 

When the convicts leave the wing in the morning, the door, between 
it and the wash-room, is locked, to prevent any convicts from going in 
there from or to the Hospital without a Turnkey with them. From 
one to two convicts are employed, through the u^y. in sweeping all the 
cells, galleries and stairs, trimming the lamps, raising and shutting the 
windows, and keeping the ceil doors open 5 to have the whole well 
aired. 

The north wing Turnkey examines the cells, hammocks, blani.ets, 
bibles, and spelling-books, and if any wiiful injury is done to them 
by the convicts, or any weapon, tools/or the like, are found, he puts 
down the number of the cell and offence committed, and reports the 
same for punishment. If any bedbugs or fleas are discovered, the 
most effectual means are taken, at once to eradicate them ; and he 
sees that the blankets are sent out to be washed as often as necessary, 
and that the sweepers do their duty. He often goes into the Hospital, 
which is left unlocked during the day, to see that all is right, and at- 
tends also to repairing hammocks, locks, &c. 

Great care is observed in white-washing, for cleanliness and the 
preservation of health. The whole block, in the wing, and the wails 
of the whole area around it, are copiously white- washed from three to 
four times in the warm seaspn, and the inside of the cells much of- 
tener. 

HOSPITAL. 

Still greater care is taken by scrubbing, white-washing, and wash-- 
ing clothes and bedding, to keep this department perfectly clean and 
well aired, 



m 

Two trusty and active convicts are selected, one as a cook m the 
Hospital kitchen, and to assist the other, who is a steward or nurse, 
and has.the particular charge of the sick, and attends strictly to all 
the directions of the Physician, and shaves the sick convicts. 

When necessary, other convicts are sent in, to watch with the sick 
at night. 

A report of the names of all the convicts retained in the Hospital, 
is every day sent to the Keeper's Hall, that when Turnkeys find any 
cells vacant, as they lock up at night, they may know if any of them 
are in the Hospital ; and the north wing Turnkey, who locks the 
Hospital, a few minutes before the Prison closes, must see that all are 
in who belong there. 

The Physician directs what provisions are necessary for the Hospi* 
tal ; and the north wing and Hospital Turnkey must also see that the 
Keeper is informed, that he may provide them. These are obtained 
by purchase from day to day, but usually at steady places, where the 
best terms and articles can be had. All these provisions are weighed 
and examined at the Keeper's Hall ; and if of good quality, are en- 
tered, with the name of the person furnishing them, in a book pre- 
pared for the purpose, and then are sent to the Hospital. 

The key of the Hospital is kept, with others, in the key-room : the 
key of the medicine room is usually kept in the Deputy Keeper's 
desk, and the key of the liquor chest, by the Physician. 

The sick are allowed al! the articles of comfort, which would be 
proper to allow the sick in any circumstances in life. 

When a convict dies, his body is kept 24 hours ; and, if not claimed 
by any relative, the law of the State requires that it should be de- 
livered to the agent of the College of Physicians, at Fairfield, for dis- 
section. Such agent is, usually, the Prison Physician. 

NORTH YARD. 

In this yard are the stable and fire engine house, under the guard- 
house, (which last overlooks the yard,) the house for receiving ashes 
and making soap, and the coal-house, attached to the back of the 
Blacksmiths' shop. Here are received, sawed, split and piled up, 
the wood for the Prison, all the lumber, materials for, and ware from 
the shops, and rations for the convicts ; and, of necessity, is the great 
thoroughfare of the Prison. 

The Turnkey, placed there, must be active and vigilant, keep an 
account, in a book, of wood, hay, ashes, lumber, or other materials 
brought for the State, watch closely citizens who come in with teams, 
&c. and prevent their talking with convicts, or privately giving them 
liquor, tobacco, or other articles. No teams go into the interior yard ; 
but the Turnkey sends by the convicts, all the materials to the shops, 
rations to the kitchen, and wood for the Prison. 

Convicts, employed in this yard, are sueh^as have no trades, and are 
most unfit to labor. 

Rubbish, from the shops, and offals, from the kitchen, are brought 
to this yard, and burnt, or loaded in the State cart by the convict?, aftd 
driven out«ide bv on^ of the fmnrd. 



One convict is constantly engaged in making soap ; and ii is ano- 
ther's business, among other things, to take care of the horse aod 
harness him. 

Some one of the guard constantly keeps the key, and tends the en- 
trance gate to this yard, but does not open it when convicts are near, 
which he discerns through a hole in the gate, a id must admit none b'ufc 
contractors, or teamsters, and but one man to each team. 

THE GUARD. 

There are eight of the guard, including the Serjeant who commands 
them, who are all required, during Prison hours, to be in the guard- 
house, except those on duty, and to aid in watching in the north yard. 
Besides the duty performed by them, as before mentioned, one must 
be constantly walking as a seutinei on the south wall, by the cooper's 
lumber yard and lumber kiln, considered as an exposed point, and to 
overlook the convicts in that yard, when no Turnkey is there, and is. 
relieved every hour. 

They also go to the stores in the village and other places, on er- 
rands, and with the Prison horse and cart, go after Hospital stores, shop 
materials, and whatever else may be necessary, and must always keep 
their arms in order. They are to allow no citizen to go on the wall or 
into the guard-house without special permission. 

KITCHEN AND WASn-ROOM DEPARTMENTS. 

There are about twelve convicts employed in the kitchen and washr 
room, one third of them at washing convicts clothes and bedding. 

The various kitchen employments of setting and cleaning tables., 
washing dishes and other articles, (more than 5000 daily,) baking, 
cooking, cutting and dividing rations, are allotted to particular con- 
victs by the Turnkey, and superintended by him in the most regular 
and systematic manner, and very special care is observed in keeping 
the mess room and kitchen as clean as possible, and having them fre- 
quently white-washed. 

The rations consist 14 oz. of beef or 10 oz. of pork, 10 oz. of wheat 
flour (ground without bolting,) 10 oz. of indian meal and one half gift 
of molasses per man, and 2 1-2 bushels of potatoes, or 5-8 bushels of 
beans, 4 qts. salt, 1-2 oz. of pepper and a sufficient quantity of rye for 
coffee in the morning, sweetened with molasses, to every hundred ra- 
tions. This is all weighed or measured by the Turnkey of this depart- 
ment, and he is responsible and liable to censure or removal if he re- 
ceives any provisions not good and wholesome. Great pains are taken 
by him in varying and managing their food to the best advantage, and 
especially, in making bean and meal soups from the meat liquor. 

From eight to ten Turnkeys are always present at breakfast and din- 
ner, and lest their attention may possibly be diverted from a strict watch 
of the convicts, while eating, the Turnkeys are allowed to have no con- 
versation with each other while in the mess-room. The same rule is 
^bj:e*ved, 3? far as nrartimble. at all timps and nlac^''. while fW 



14 

Turnkeys are on duty, and for the same reasons, while on duty, they are 
never allowed to read any book or newspaper. 

SOME PARTICULAR REGULATIONS. 

There are, in the corners of the shops, one or more small necessaries, 
prepared with suitable tubs, which are taken by a convict, selected for 
that business, emptied into a vault and cleansed, so often as not to be- 
come in the least offensive. 

But one convict enters the necessary at a time, and he must take with 
him a stick, which, at other times, hangs in a conspicuous place, that it 
can be known by looking there, whether any one is in the necessarv. 
There is the same regulation in the north yard, and also a necessary 
outside, for those in the kitchen and wash-room, and under the same 
management. 

The large vault is kept locked, except in the morning, and the key 
hung up at the door of the cooper's shop, near by, and one only can take 
it at a time to empty tubs, so as to prevent conversation, unseen, in the 
vault. 

CARRYING WATER TO DRINK TO THE SHOPS. 

4- convict is selected for this purpos.3, who carries water in pails, 
tro'n the Pent-stock, in the wash-room, and places them on benches at 
the doors of the shops, which are taken in . by the shop-waiters, and 
when the empty pails are again set on the . benches, the water-carrier 
re-fills and returns them as before. This is to prevent any intercourse 
that might take place by all the shop-waiters passing to or meeting at 
the pent-stock. No convict can leave his work or go oat of the shop 
a moment, unless he is sent by a Keeper. 

OTHER SHOP REGULATIONS. 

There must be at least one Turnkey in each mechanic department, 
who is master of the business pursued in it ; v/ho instructs new convicts, 
and sees that the old make first rate work. He also sometimes places 
a faithful and experienced convict by the side of a raw hand, to show 
him, and places them where he can keep .his eye on them, to prevent 
communication, except barely what is necessary for instruction ; and 
though the convicts may thus occasionally exchange a word they ought 
not, yet can carry on no connected discourse ; the instruction being 
chiefly given by showing, and that under the jeaioas and watchful eye 
of the Keeper. This Turnkey has the superinten dance of all the work 
in the shop, but has no more power than the other Turkneys, 
not mechanicks, who assist in governing the shops. 

He keeps a list of all the convicts in his shop, on his desk, puts down 
opposite the name of each, the kind and amount of work done by him, 
and requires him to do all that he can reasonably perform, according to 
his ability, without stint work. But the Turnkey will soon discover what 
the convict ought to perform, and will compel him to do it ; and when 
well, he is not suffered to be idle a single moment, or have any partic» 
vhy favax or allowance for any thing; that might be called ov^r-work. 



This Turnkey examines and directs tlie management of ali raw Wu- 
terials, and prevents their waste, critically inspects all the work, and 
sends it to the proper places of deposit, with a bill thereof, for the con- 
tractors, every day ;and also keeps account of all articles, with the pri- 
ces, and enters them in a book, which are afterwards posted by the 
Clerk into the regular Prison Books of the Agent ia the office. 

In all the shops, the convicts are arranged, as far as possible, in 
such a way as not to face each other, and have their work entirely sep- 
arate. 

There are convicts selected for each shop as waiters or tenders, to 
distribute materials, remove rubbish, hand about or grind tools, take 
out ware, sweep the shops, hand drink, &c. under the eye and direc- 
tion of the Turnkeys, chiefly by signs, so that the laborers need no/, 
leave their work. 

In this way, a shop and business of an hundred men are so managed, 
that hours together will frequently pass, without a word being spoken. 

The shops are often scrubbed, and occasionally white-washed. 

There is more or less work done, in each shop, for the State, and 
raw hands are generally first taught on this work, before they begin 
for contractors, but not so much in the coopers' shop, where there are 
many hands, and but little State's work done. 

FEMALE DAPAllTilEXT. 

The females are all put together in the attic story of the southing, 
from which there is a passage, by unlocking doors, to a back stair- 
way at one end of the Chapel, where they can sit behind wooden 
graces, during divine service, without being observed by the mile cofi«* 
victs,. and on no other occasion do they ever leave their room. 

The other passage to their room is guarded by two doors, having 
different patent locks, the keys of which, when not in use, are kept 
locked in the Deputy Keeper's desk. 

The Turnkey of the kitchen department has the charge of this also, 
and weighs and measures out their rations, which they cook themselves* 

They are employed mainly in picking wool, knitting and spooling, 
although to very little advantage, as no means of coercion can well bo 
adopted nor any restraint upon conversation with each other, they be- 
ing left alone, except once a day, when the said Turnkey goes with 
his kitchen convicts, and takes their rations and other supplies, and 
orders out the work they may have done, and other things that become 
daily requisite. They are visited by the Physician, when sick, and 
sometimes by the Chaplain, with the Keeper, or Deputy, and not by 
any other persons. 

DISCHARGING CONVICTS. 

When a member of the board of Inspectors, the present Agen! 
handed to ths Deputy Keeper, he baring a more general intercourse 
with convicts than any other officer, a series of interrogatories to be 
put to. convicts, entitled to the most confidence, with a view to learn 
> heir earl* history, habits: and conr^e of life, and thereby collect facts 



ftnidi might be of service in discovering the causes and tracing the 
progress of crime ; but that officer found so little time, and so few fa- 
vorable opportunities to talk with those, in whose veracity any confi- 
dence could be placed, while confined, and tempted by the influence 
nf hope or fca?. to give untrue statements, that the measure was not 
pursued. 

Immediately after the appointment of the present Agent, however, 
he adopted the following practice : — Every convict who is discharged, 
after be is shaved, dressed in citizen's clothes, receives his money, 
realizes that he is entirely free from restraint, and his feelings and af- 
fections warmed by the joys of freedom, he is asked into the Agent's 
Office, where the Agent, or Chaplain, or both, enter into free and 
friendly conversation with him, and endeavor, by a desultory course of 
inquiry, to search into his former history, how he was bred up, what 
means of literary, moral, or religious instruction he has enjoyed ; what 
early temptations to crime, by bring exposed to bad company or other- 
wise, he has encountered ; his general habits, predominant passions, 
and prevailing vices. 

This course has been strictly and carefully pursued wiih about seven- 
ty convicts, since this practice was adopted, and it is believed, with 
entire confidence, that after making all due allowances, a body of facts 
can be thus collected, which may be interesting to the philanthropist 
and statesman, and valuable io the .publick. So far our examinations 
powerfully confirm the belief, that ignorance and intemperance are the 
twx> great causes of crime The crimes of the young convicts can 
mostly be traced to ignorance, as will appear hereafter, in the account 
given of our Sunday School; while intemperance rarely fails to have 
had a great agency in the crimes of the older convicts, among whom, 
there is a certain class, of good talents and education, who have been 
in uespectable life, but fallen into habits of intemperance, and thence 
to crime, by reason of loss of property, and various other domestic 
misfortunes. 

After the above inquiries are finished., the convict is interrogated in 
raiation to his confinement, in what respect he endures the most suf- 
fering, and what influence it has had upon his feelings, and views of a- 
inendment, how he has been treated, where he means to go, and 
what business or course of life to pursue. 

They uniformly agree, that being deprived of all intelligence of 
tlrair friends, and the affairs of the world, and the means of conversa- 
tion with each other, occasions them more suffering, and tends more 
to humble and reform them, than every thing else without it ; that 
they are forced to reflection and communion with their own hearts at 
their meals, in their shops, their solitary cells, and through all the un- 
varying routine of their labor and rest. 

That they suffer the keenest pangs of conscience, in reviewing their 
-jwst lives, and in reflecting upon the disgrace, suffering and ruin that 
they have; brought, not only upon themselves, but upon those to whom 
they are allied by kindred and affection, and ot whose condition and 
fa&9 their ignorance keeps them m ?i constant agooy of suspense : ^vA 



. iLiey irmly resolve to live a virtuous life, if they survive their ica 
prisonment, 

' By the information of these convicts, who are frequently going out, 
the Agent is enabled to ascertain important facts and practices, in re- 
lation to other convicts, which he might not otherwise discover. 

They admit that convicts have so great temptation to talk, thai 
they will run the hazard of speaking to others, whenever tbey think 
they can possibly escape detection— but that such is the vigilance of 
the Turnkeys, generally, that scarcely any thing can be said, and 
-.ever so as to carry on a connected discourse, or to concert conspira- 
cies -or rebellion. 

The last convict discharged, did cot know the names of two con- 
victs who had worked each side of him for three months, marched 
and eat by him, and lodged in adjoining cells. They generally agree 
that. they are as kindly treated, as their circumstances, as convicts, 
admit, and (eel grateful to their particular officers, to whom they of- 
ten wish to express their thanks, personally, before leaving the Prison. 
Neither the Chaplain nor Agent neglects this interesesiing occasion 
of affording such admonition and advice, as they are capable of giv- 
ing ; and the convicts generally leave, deeply affected' in their 
feelings. 

These officers also request these individuals to write to them, after 
they are again settled, and from some, have received very gratifying 
letters. 

Discharged convicts are allowed, in no case, more than three dol- 
lars^svincfe; is often entirely insufficient to enable them to reach their 
friends without embarrassment, 

RELIGIOUS INSTRUCTION. 

: To supply the convicts with regular religious instruction, on the Sab- 
bath, $200 per annum is allowed by the Legislature. This sum is divi- 
ded, by the board of Inspectors, between three Clergymen of different de- 
nominations, whose duty it is to officiate in the Chapel, alternately, on the 
Sabbath. The duties devolving on them, have been regularly and 
faithfully performed ; and no doubt is entertained, that effects, salu- 
tary to the convicts and to the institution, have resulted from moral and 
religious instruction thus given. Still it is .believed, that the above 
provision for the moral and religious instruction and improvement of 
the convicts, is far short of what it ought to be. One object in the 
confinement of convicts is, to secure society from their depredations : 
and, so long as this confinement continues, this object is, of course, 
secured. But it is well known that a very great proportion of 
these men are confined for a limited time. 

Another, and grand object, then, is, to make their confinement, as far 
as possible, the means of their reformation ; that, when retsored to 
their liberty, they may prove honest, industrious, and wholesome 
members of society. Whatever, then, will contribute to this object. 
siiciild be mos # induairio'isrj sought ibr afcdapnli'eirj 



18 

Public instruction, on the Sabbath, is, doubtless, one means, whlcli 
should be steadily used : still, the course which has heretofore been 
pursued, is manifestly attended with its objections. 

The clergymen who have officiated at the Prison, have, mostly, 
had the charge of other congregations. 

Every third Sabbath, they preach a sermon to the convicts in the 
Prison ; then go to their own people, and are generally seen no more 
until their time to officiate again, calls them to the Chapel. Being 
thus situated, they cannot, in the nature of things, use all those offi- 
cial means, for the improvement and reformation of convicts, that 
they could, were their labors more devoted to them, personally. Besides, 
the convicts themselves, who rarely see these men, excepting on the 
Sabbath, when they are in the Desk, are but too apt to feel, that they 
come and preach to them as a mere matter of course, and are then 
gone, and feel no further solicitude about them. 

It is conceived there can now be no question, but that provision ought to 
be made for the support of a resident Chaplain, who shall have the special 
charge of the religious instruction of the convicts, whose duty it 
shall be, not only to preach to them on the Sabbath, but to improve 
all the opportunities afforded, by giving them religious instruction 
and counsel, when in their cells, and when confined by sickness in the 
Hospital. 

In other Penitentiaries, where the convicts are permitted, in a 
greater or less degree, to maintain an intercourse with each other, 
and where numbers are congregated at night, it is hardly to be expect- 
ed that any very important benefits would result from such a step. — 
But in this Prison, where no such intercourse is suffered, it is confi- 
dently believed, that an opportunity is presented to a resident Chap- 
lain, to effect vastly more than can rationally be expected from the 
course which has hitherto, until of late, been pursued. 

A resident Chaplain, posessed of those qualifications by which he 
ought to be distinguished ; having a thorough knowledge of man- 
kind — prudent, firm, discreet and affectionate ; actuated by motives 
of public policy and Christian benevolence ; — will very readily secure 
the respect and confidence of a majority of the convicts. Residing 
with them, and visiting their solitary and cheerless abodes, they will 
consider him, especially the young, as their minister, their guide, 
their counsellor, their friend : They will be disposed to open their 
hearts to him, with freedom. He will learn their history — become 
acquainted with their views and feelings, and will thereby be ena- 
bled to adapt his instructions and reproofs directly to individuals, as 
their several circumstances may demand. Secluded as the convicts 
are from society, and shut out from all intercourse with each other, 
their minds seem to be prepared, in a peculiar manner, to receive 
salutary impressions ; and when once made, having no connexion 
with their fellows, they are in a situation, very favorable, to retaining 
them. 

Thus circumstanced, a discreet, judicious man will know what in- 
^ructions to gi' r e. and In what manner he. maj best apply them 



19 

It must appear obvious, that suitable instructions and reproofs, ad- 
ministered under such circumstances, are calculated to produce a 
more deep and certain effect, than when given, as they ordinarily are, 
from the pulpit, in general terms, and not adapted to the particular 
Circumstances, feelings, and trials of those who are immediately con- 
cerned. 

There are always more or less of the convicts, who are, by sickness, 
confined to the hospital. Without a resident Chaplain, this class of 
convicts, unless by mere accident, is deprived of the privilege of reli- 
gious instruction. But a resident Chaplain would feel it to be his du- 
ty, often to visit and converse with them, to enlighten the ignorant, to 
administer consolation to the afflicted, to sit by the beds of the sick 
and the dying, and by his instructions and admonitions, to do every 
thing in his power to promote their best present and future interests, 
Though convicts, they are still accountable and immortal beings ; and 
deprived as they are, at such trying seasons, of the sympathies and the 
kind offices of their parents, their wives, and their children, they need, 
in a peculiar manner, some benevolent and pious friend, to instruct 
and to console them. Should they die, the reflection remains, that all 
was done that humanity and Christian charity demanded. Should 
they recover — such a course of treatment has a powerful tendency to 
soften their feelings, to affect their hearts, and improve their conduct. 

A resident Chaplain, should in all cases, and under all circumstan- 
ces, strictly conform to the rules and regulations of the Institution, es- 
pecially, in not furnishing convicts with forbidden intelligence, or the 
hopes or promises of aid, in procuring pardons, which would lead to 
great hypocrisy, and tend to insubordination. He should deal plainly 
with them, and dwell emphatically upon their deep depravity and guilt, 
in violating the laws of God and their country — convince them of tho 
justice of their sentences — awaken remorse in their consciences — press 
home upon them their solemn obligations — make them feel, pungently, 
the horrors of their situation ; and, by all other means, to make them 
realize the necessity and duty of repentance, of amendment, and of 
humble, and strict obedience, to all the regulations of the Prison. 

This course would tend powerfully to make them better convicts ; 
and whenever restored to their liberty, better citizens. I feel it a du- 
ty to state, that the views of this Institution, until lately, have been 
unfavorable to the services of a resident Chaplain, from the belief, 
that they might have a bad effect upon the discipline of the Prison. 

In November last, the Rev. Jared Curtis was employed and sent 
here, as a resident Chaplain, by the Massachusetts Prison discipline 
society, since which, he has continued, with ability and zeal, to dis- 
charge the duties before referred to ; and although strong prejudices 
were to be encountered, his knowledge of human nature, correct 
views of public policy, the Penitentiary system, and Prison discipline, 
with a steady and uniform devotion to his duties, has not only enabled 
him to overcome those prejudices, but the favourable results of his la- 
bors, fully justify what is said above on this subject. How long that 
valuable society will extend its patronage to this Institution, is uneer~ 



uLm ; "diid it is itjypeoti'uiiy submittejd? whether the public institutions 
of this state, should not be supported, in. all respects, either by the go- 
vernment, or our own benevolent societies, without the aid of charity 
fjfom abroad. 

I am happy to observe, that the opinions of all the several Clergy- 
men, who now officiate in our Chapel, correspond with the general 
viewi above expressed, in relation to a resident Chaplain. One of 
them suggested, as the only objection, that convicts, having different 
views of different persuasions, would not have their prepossessions 
gratified, so much, as by hearing those of various denominations, anU 
hence, that preaching might not have so favorable an influence upon 
some of theme 

SUNDAY SCHOOL INSTRUCTION. 

This subject is intimately connected with that of the preceding ar> 
tide, and if possible, is one of still greater importance. 

In the early part of the last spring, measures were taken to ascer- 
tain the number of convicts who were unable to read ; or^vho had re- 
ceived so little instruction, that they could read only by spelling most 
of the words. The number was found to be between fifty and sixty. * 
Besides these, there were many others, who, although they were able, 
in a measure, to read, were still grossly ignorant. Here was exhibited 
a striking proof, that ignorance is a fruitful source of depravity and 
crime. It may not be uninteresting to remark, in this place, that a- 
rriong the whole number of convicts, in this Prison, not one is known 
to have been ever a member of a Sunday School. Knowing that in 
the common course of events, a great portion of these ignorant and 
degraded delinquents, would be restored to their liberty, and again 
mingle with society^ was considered to be a solemn duty, to do, what 
could consistently be done, to enlighten their minds ; and by instruc- 
tion,' if possible, to elevate their views, and to make them better men ; 
and eventually, more enlightened and better citizens. 

The only practicable mode to effect this desirable object, which 
would accord with their situation and the sentence by which they were 
confined, was judged to be the establishment of a Sunday School, 
which was opened in the month of May. Fifty, of that class of con- 
victs, whose ages did not exceed 25 years, and who were the most 
ignorant, were selected and placed in the School. These were di- 
vided into a number of classes, corresponding to the number of 
teachers. 



* In our E,epori of 1822, we state thai " considerable pain3 have been taken to 
learn the state of education and intelligence among the convict. There are about 
thirty, who can neither read nor write ; more than three fourths can barely -ead 
and write, and not one in ten who possess any degree of intelligence acquired by 
reading.'- 

In consequence of these facts, a Schoolf or Juvenile convicts was organized, and 
continued for some time under the instruction of an intelligent convict ; but the in- 
convenience and evils of it were thought, by the then Agent, to overbalance £be 
^snefjts , atid it wes discontinued* 
*i 



21 

Id classing them, reference was had to their previous attainments. 
Some could read indifferently well, while others were even ignorant of 
the alphabet. During the exercises of the School, in addition to 
learning the scholars to read, great pains have been taken to impress 
upon their minds a deep and abiding sense of moral and religious 
obligation. 

The privilege, presented these convicts in the opening of this schooL 
was embraced with the greatest avidity and apparent thankfulness. 
Their conduct has been uniformly good, and their industry and appli- 
cation unremitting ; and it is very gratifying to be able to state, that 
their progress has exceeded the most sanguine expectations — nor is this 
all— an influence of a very salutary nature and tendency, it is believed, 
has been exerted on the minds of many of the members of this school 
— an influence which it is hoped will be felt through the whole course 
of their future lives. 

It may not be uninteresting to mention the singular effect of this in- 
struction upon an active, but grossly ignorant young Indian, who, a 
short timetince, after asking leave of his Keeper to speak to him, said, 
that " he had been bad boy, would lie and steal, that he had learnt in 
Sunday school it was wicked and wanted to go before the As;ent, con- 
fess and promise he would never disobey God any more." When these 
scholars have obtained a knowledge of reading, writing and arithme- 
tick, sufficient to enable them to understand, if not to transact the or- 
dinary business of life, it is intended to take another class of convicts, 
still older, and give them such instruction, as shall be found practi- 
cable. 

But the means of improvement and reformation can, certainly, be 
applied to the juvenile class of convicts, with the best hopes of success 



DUTIES OF THE AGENT AND KEEPER, DEPUTY 
KEEPER, PHYSICIAN, CLERK AND ASSISTANT 
KEEPERS 



DUTY OF ASSISTANT KEEPERS. 

These officers are styled Assistant Keepers in the law directing 
their appointment, but they are sometimes called Turnkeys— an ap- 
pellation, however, that has little application to the nature and im- 
portance of their various services, as Assistant Keepers* 

They have the same authority and control over convicts, while un- 
der their charge, in compelling obedience to orders and res illations, 
that can be exercised by the Deputy or principal Keeper. 

The arduous duties of the Assistant Keepers, have appeared so 
fully in stating the Prison rules and regulations, tnat no further re- 
capitulation can be ne^fssnrv 



m 



DUTY OF THE CLERK. 

The Clerk must be in his Office, at the Prison, from the time- of 
opening, until closiug it, except an hour, each, for breakfast and 
dinner, and generally to perform all such writing as the Inspectors 
and Agent may require. 

He makes out visiting Tickets, and receives the money from visi- 
tors, and accounts, every night, to the Agent for the same, and such 
other monies as he has received, during the day. 

It is also his duty (as well as the Agent's) to see that the accounts 
are properly kept, in the different shops, for. labor done by the con- 
victs, and at the close of each month, or oftener, if required by the 
Agent, to copy them into the regular Office Books, which must, at 
all times, be posted and ready for examination. 

He must examine and copy into the Books, the items of all bills of 
articles purchased by the Agent for the Prison. 

At the end of each month, he must examine, arrange and number 
the vouchers for that month, make out two abstracts of the same, one 
for the Comptroller and one for the Office, and after the vouchers 
are audited by the Comptroller, enter the same, in detail, in the 
Books, so that, from year to year, all the items of expenditure may 
appear. 

He copies pardons, and should be present to make entries and ne- 
cessary papers whenever convicts are received or discharged, and keeps 
the Books, -in which are recorded their names, ages, crimes, sentences, 
where tried and by whom sentenced, with a description of their per* 
sons and places of nativity. 

It is his duty to make out all the writings and returns that are neces- 
sary, in making the annual settlement between the Agent and the 
Comptroller, and also the details for the Inspectors' annual Report to 
the Legislature. 

He records all appointments and removals from Office, and the offi- 
cial transactions of the Board of Inspectors, and attends, strictly, to 
pecuniary concerns in the absence of the Agent. 

He makes out a pay-roll, and, under the direction of the Agent, 
makes a settlement with all the Prison Officers monthly, and also frith 
contractors, and others who have dealings with the Agent. 

DUTY OF THE PHYSICIAN. 

The duties of the Physician are mentioned in remarks upon the 
management of the Hospital and the sick. 

He must attend, personally, at the Prison, at a particular hour eve- 
ry morning, repeat his visits through the day, and at all times when 
the condition of the sick requires it; and when sent for, is to come 
immediately to the Prison, to the exclusion of all other professional 
business or engagements. 

He is also required, by law, to keep a register of all deceased con- 
victs, stating their names, ages, places of birth, time of death, dis- 
ease, and all other circumstances, which he may esteem necessary ; 
which register shall always remain at the Prison, ajnd be open to 
inspection. 



DUTY OF THE DEFUT1* KEEPER; 

The Deputy Keeper, as an assistant to the Agent and Keeper, iiai l 
general and constant superintending care over ail but the pecuniary 
affairs of the Prison, especially its police and discipline ; and is reaponsi- 
ble to the Agent and Keeper, that his orders and all the internal rules and 
regulations shall be promptly and strictly observed : and, to that end, 
lie must always be present at the opening and closing of the Prison, 
in the Chapel during Divine service, in the mess-room while the convicts 
are eating, and also at all other Prison hours, except an hour, each, 
{or his own breakfast and dinner. He is to be constantly moving 
about in the interior of the Prison, visiting irregularly and without 
notice, the Hospital, kitchen, shops, yards, and all departments of the 
Prison. He sees that the Assistant Keepers are vigilant and atten- 
tive to their duty, that they keep their men diligent and in order, and 
that none are chastised, for disobedience, with unreasonable severity; 

He attends to the convicts' clothing, and is responsible that it is 
properly changed and in order. 

He receives reports, from the Assistant Keepers, of the offences of 
convicts, and reports the same to the Agent and Keeper, who lays them 
before the Inspectors at their weekly meetings. He goes frequently 
into the lodging department, and to the Hospital, during the eve- 
ning, and, occasionally, in the night, to see that all is right, and that 
the Assistant Keepers and Guard, on night duty, are vigilant and 
faithful. 

He attends, personally, to discharging every convict, whether by* 
expiration of a sentence or pardon, and sees that bis clothes are in 
order for that purpose. 

He has the more immediate direction and control of all the Assist- 
ant Keepers and Guard, gives them such instruction, advice and 
admonition as become necessary, and informs the Agent and 

Keeper of any neglect of duty, or impropriety of conduct 

and, in his absence, the Deputy has the full powers of the- 
Keeper. 

DUTIES AND POWERS OF THE AGENT AND KEEPER. 

The law directs, that at the New-York Prison, there shall be one 
Agent and one principal Keeper. 

It is made the duty of the Agent to make all contracts, purchases, 
and sales, and to manage all the fiscal concerns and operations of tha 
Prison, and in which he is required to keep his Office. 

It is made the duty of the Keeper to superintend and direct the 
subordinate Keepers and Guard, in all their various duties, manage 
and be responsible for the police of the Prison and the safe keeping 
and regular employment of the convicts ; and he is required, by law, 
To feside in the Prison. These officers are allowed, each, a salary of 
$1250. 

At this Prison, the law requires that the duties of both those offi- 
cers shall be discharged by a single individual, who shall be dmomi- 
Haled Ac^t^nd Keener* 



The duties of this officer are, therefore, us various as tljey are 
complicated and responsible ; and he is required to give security for 
the faithful performance of his duties, as Agent, to the amount of 
t wenty-five thousand dollars. 

The nature and extent of his duties, will, in some measure, ap- 
pear, from the duties of all the subordinate Officers, for whose acts 
and conduct the Agent and Keeper is responsible. 

The general duties and powers of the Agent, as such, appear from 
the following section of an act of the Legislature : — • 

" Be it enacted, That all the contracts and dealings oil account of 
the said institution, shall be transacted by and in the name of the 
Agent of the State Prison ; and by that name, the present Agent and 
his successors in office, shall be capable, in law, of suing and being 
sued, pleading and being impleaded, answering and being answered 
unto, defending and being defended in all courts and places, and in 
alj actions and suits, complaints, matters and causes concerning the 
State Prison. And by that name, the Agent for the time being, shall 
be, and hereby is authorised and impowered to sue for, prosecute, re- 
cover and receive of and from all persons indebted to any former 
Agent or Inspectors of the State Prison, or to the people of this 
State on account thereof, such sums of money as shall be due or be- 
come due, of and from any person or persons :" and the Agent is also 
authorised to refer disputes to arbitration. 

The same act requires, that on the application of any prisoner to 
the Agent, requesting him to take charge of his property, the Agent 
is to collect and receive and sue for, any goods, chattels or monies due 
or belonging to such prisoner, and to keep a correct account thereof 
and to pay the amount to said prisoner when released, or his legal re- 
presentative—and if such prisoner should not be released, and* if no 
legal representative should demand such property, then the same shall 
be applied to the use of the state. 

The Agent is required, by law, to close his accounts, annually, on 
the thirty-first day of October, and render them to the Comptroller of 
fcjie State, on or before the first day of December following. The- 
practice adopted and pursued, by the present Agent, is to settle and 
pay all accounts, due from him to the officers and all others with whom 
he has dealings, the first day of every month, and immediately"" there- 
after transmit, by mail, to the Comptroller, the vouchers for all the ex- 
penditures of the month preceding, with an abstract thereof, duly ex- 
amined and certified to be correct., by the Board of Inspectors, and 
sworn to, by the Agent and Clerk, as directed by law; but the Agent 
does not render to the Comptroller a detailed account of monies re- 
ceived by him, until the annual settlement. All the money received 
by the Agent, personally, ho deposits in the bank, and all he pays out, is 
paid by checks, from a bank clieck-book, in the margin of which he 
states the name, amount, date and for what each check is given, be- 
sides taking necessary vouchers and making entries thereof, in the 
proper books of the Office? the same as if n6 entries were made in 
*l?.e said; check-book* 



Tuese remarks apply to all monies, except such as are received irom 
visiters, and some other trifling daily receipts, which, from necessity 
and convenience, the Clerk receives, pays out and accounts therefor, 
to the Agent daily, as mentioned in speaking of his duties. 

By a late law, the Agent is directed, on or before the first Tuesday 
of February, in each year, to make a report to the Secretary of State, 
Of the names of convicts, pardoned or discharged, the preceding year, 
the crimes for which they are convicted, the terms of time for which 
they are severally sentenced, the counties in which they were tried, 
ages and descriptions of their persons, and in cases of pardons, the 
time unexpired of the term for which such convicts were respectively 
sentenced, when such pardons were granted, and the conditions, if 
any, upon which they were granted ; and, by the same law, it is maie 
the duty of the Secretary, to transmit copies thereof to all the County 
Clerks in the State. 

The law prohibits the Agent from being concerned in contracts or 
dealings with the Prison, for his private benefit. 

CONTRACTS AND CONTRACTOP.S. 

For many years after the erection of the New- York State Prison, 
the Agent purchased ail raw materials, had them manufactured and 
sold from a prison Store, on account of the State, and after this course 
had resulted in very serious losses, the Legislature wisely abolished it. 
and directed that no materials, beyond a very limited amount, should 
be purchased on account of the State, but that the Agent should make 
contracts for the labor, simply, of convicts with those who would fur- 
nish materials, and dispose of the articles manufactured, exclusively on 
their own account, by which means, great risks and losses are avoided, 
and much private capital and personal interest and enterprize are 
brought into action, in promoting the active and profitable em- 
ployment of convicts. After the building of this Prison was so 
far completed, that convicts could be spared for mechanick 
employment, the Agent found great difficulty in engaging the prin- 
cipal and most responsible mechanicks, in the vicinity, to enter 
into contracts. They were afraid to trust their materials in the hands 
of convicts, and to encounter the publick prejudice against Prison man- 
ufactures, and were extremely doubtful of success and apprehensive 
of danger and loss. Hence it was not in the power of the Agent, to 
make so favorable contracts, as may perhaps be made, when the existing 
contracts have expired, and they shall have been found profitable to the 
contractors. Several of the first contracts were lately changed, as ap- 
pears by the following schedules, the time was extended with some 
small alterations favorable to to the contractors, and, as an equivalent 
therefor, more specific provisions were introduced and more certain 
and prompt payments required. 

Contractors are allowed, at all times, to visit those shops, where the 
convicts are employed by them, but never to speak to convicts, or give 
them any directions whatever. They must give all their instruction 
ao4 directions tp the machanick Turnkeys in the shoos, who have the 

E 



2b 



particular charge of their business. Any other course would lead to 
favoritism and contusion, and lessen the authority of the Turnkeys over 
the convicts. In tne Carpenter's and Blacksmith's shops, there is,' 
from necessity, some exception to the above rule. 

In the Carpenters' shop, a contractor employs about ten hands in 
making Carpenters' and Joiners' tools ; and the officer there, not be- 
ing acquainted with that particular branch of business, the contractor 
is allowed to oversee his work and give necessary directions, there be- 
ing an officer in the shop ; but the contractor is never allowed to 
chastise convicts. 

The same remarks apply to the contractor for manufacturing rifles, 
in. the Blacksmiths' shop, for the same reasons. It will be observed that 
the first Coopers' contract, with Mr. Worden, has been divided, and 
part of the business contracted to Asaph D. Leonard, who makes all 
the fine or painted ware. 



Schedule, or abstract op the contracts first made, and also 
those that have been changed or extended, with some gene- 
ral remarks. 

coopers' SHOP. 

Allen Warden's first contract, made 3d March, 1824, for seven years, 
This contract provided for the payment of work six months after sold . A 
new contract was made, 8th December, 1825, for six years — payment 
monthly, with a credit of three months on each month's work. 

The following is a contrast of prices betzoeen the two contracts :•—> 



OLD. 



NEW, 



Whisky, pork and pro- 




vision barrels, 


20 4-5 cts 


Flour barrels, 


10 2-5 „ 


Washtubs, 1st size, 


43 7-10 „ 


2d „ 


36 2-5 ^, 


Pails, 1st „ 


20 1-2 


2d „ 


16 1-3 


Firkins, 


10 2-5 



21- 


-gain 


1-5. 


10— loss 


2-5. 


43 


?? 


7-10. 


36 


5) 


2-5. 


20 


W 


1-2. 


16 


?> 


1-3. 


10 


» 


2-5, 



The above are the leading articles, and exhibit the average on the 
smaller. 

Sixty-six men employed, including waiters, shop-tenders, and ap- 
prentices, averaged about 15 cents per day in May and June ; and 
the business has been since rather improving. 

Asaph D. Leonard's contract for Coopers' work, painted ware — com- 
menced 8th December, 1825, for six years— pay monthly, with a credit 
of three months on each month's work. 

About" 'thirr.v mm eroploveds average aboil; 33 cents per da] .' 



27 

tailors' shop. 

Stephen Van Anden's contract commenced the 1st of January, 1824, 
for ten years — pay semi-annually, 

Great Coats, $1 50-100— Coats, $1 00— Vests and Pantaloons, 
37 1-2 cents, and other garments in proportion. 

The average earnings, for four months, ending the 30th April, 1826, 
were 15 cents per day — about one third of the men apprentices, and 
the business rather improving since ; but will probably be soon re- 
tarded by the removal of several of the oldest and best hands, who 
are getting out of health. 

This business is the most injurious to the health of the convicts, of 
any that is pursued in the Prison, owing, no doubt, to the position of 
body in which they sit, and the want of adequate exercise, with which 
it is difficult to supply them. 

SHOEMAKERS 5 SHOP. 

Erastus and Jabez Pease's first contract commenced the 25th Janu- 
ary, 1824, for three years — pay semi-annually. Second contract com- 
menced 1st December, 1825, for six years — pay monthly, with a credit 
o( three months on each month's work. 

Fine Boots, $2 00 — fine Shoes, 62 1-2 cents — coarse Shoes, 37 1-2 
cents — Second quality Boots, $1 25 — coarse Boots, 75 cents — small 
Shoes, 25 cents — Cacks, 18 3-4 cents. 

There are employed fifty-eight men, who average about fifty days' work 
per day, and for six months past, about 25 cents per day. 

The remarks in relation to the health of convicts in the Tailors' shop, 
will apply, in a considerable degree, to the Shoemakers ; but not to the 
full extent. 

There are many more Hospital cases, in proportion, from the Shoe- 
makers and Tailors than from the other convicts- — though weaving 
is injurious to some. 

TOOL SHOP. 

T. J. Mc Masters & Co.'s contract commenced the 20th June 5 
1825, for five years — ten convicts employed — three at 50 cents, three 
at 31 1-4 cents, four at 18 3-4 cents per day — pay semi-annually. 

In this shop, there are (in addition to the above) three Turning 
Lathes, with two convicts each, hired out on a temporary contract, and 
there is also considerable work done for the Prison, and some for out- 
door customers. 

weavers' shop. 

Worden and Wiitse's contract commenced 20th June, 1825, for 
one year — pay each three months— weaving per yard at fixed prices. 
Since the 2d May, 182.6, Weavers, Warpers Dyers, Hanvms-makers, 
and Shop-tenders, at 20 cents per day — Spoolers, Bobbin-winders, 
and Waiters, 10 cents per day, and one to repair looms, 50 cents 
per day. 

Under the first contract, the Agent was bound to furnish and keep 
in repair, the looms and fixtures, and all necessary tools. By the new 



^oiiiraor, the contractors take the chop, tools and apparatus as they 
now are, and return them as good, at the expiration of contract ; ail 
additions to be made at their expense — pay monthly, with a credit 
of three months, on each month's work. 

The earnings of the Shop, for the year ending the 31st October, 
1825, were $ 3542 28. An average of sixty Weavers and fifty -nine 
Warpers, Spoolers, &c. &c, allowing 300 working days in the year, 
exhibits 10 cents per day for each man. 

It is proper to remark, that the Spoolers and Bobbin-winders in this 
shop, (being beween thirty and forty,) are all invalids, by reason of age, 
ruptures and other bodily infirmities, and that nearly all were such, when 
they came into Prison. 

This class is only employed on a temporary contract, but it is pre- 
sumed it may continue, unless the Agent can do better with them. 

blacksmiths' shop. 

Hugh Mc Clallen's contract commenced the 1st February, 1826, for 
one year. Four convicts employed at 50 cents per day— pay monthly, 
with a credit of three months, on each month's work. 

There are twenty-nine convicts now employed in this shop, inclu- 
ding apprentices. Besides those employed on the above contract, the 
same number are now employed, at the same price, in making chases 
and some other printing apparatus, by a gentleman who has some con- 
nexion with a Company in New- York, which is under a large con- 
tracttosend those materials to some parts of South America. There is 
a prospect of very considerably extending this business. The remainder 
of the convicts, in this shop, are employed in maKing nail hammers, 
carving knives and forks, and a few other articles for sale, and others 
in doing work for out-door customers, (they furnishing stock,) at the 
following prices 



Ironing two-horse ^ 


Wagon, iron 


axletrees, 


$15 00 


do. do. 


wood . 


do. 


SOO 


do. one-horse do. 


iron 


do. 


12 00 


do. do. do. 


wood 


do. 


6 50 


Pleasure Sleigh, 






6 00 


Lumber do. 






2 50 


Cutter do. 






2 50 


Carts do. 






5 00 



Sawmill Irons, $4 00 per cwt. — Chains, 6 cents per lb.—- Drag-teeth, 
2 cents per lb. — six-inch Boat Spikes, 2 3-4 cents, five-inch 3 1-2 
cents, four-inch 4 cents, three and a half inch 4 1-2 cents per lb. — 
broad Axe, $3 00— narrow Axe, $1 50 — Carpenters' Adze, $1 75— 
Coopers' Adze, -75 cents, board Axe, 75 cents — large Compasses, 75 
cents — inside Shaves, 75 cents — drawing Knives, 75 cents—Carpen- 
ters' Chissels, 37 1-2 cents — common nail Hammer, 50 cents, finished 
Hammer, $1 25— kitchen Tongs, $1 25— Shovels, $1 00— Screw plates, 
with taps and dies to cut one inch and one quarter down, $12 00 — smaller 
sizes in proportion. — Bracer for Joiners or Blacksmiths. $1 75 — Bow 
TMl-stocks. $1 00 



iiie business, in this shop, lias been considered, until lately, as de- 
serving very little encouragement : but the present agent is of opinion, 
that it may be made one of the most profitable branches of business 
pursued here, and especially after water power is brought into the Pri- 
son, in doing which, the Agent is now engaged. It is also proper to 
observe, that whatever articles are made in this Prison, are of the first 
rate workmanship of their kinds, The expense of tools, and also 
some other shop expenses, are to be deducted from the above 
stated earnings. 

RATIONS. 

The contracts for the supply of rations, are repuired, by law, to be 
advertised, sealed proposals to be received, and the lowest to be ac- 
cepted, provided good security be given. 'She quality and quantity 
are stated under the head of kitchen department. 

Nathaniel Garrow has the present contract at 5 3-4 cents a ration, 
making the annual expense of a convict's provisions §20,98. 

CONVICTS CLOTHING AND BEDDING. 

All the convicts clothing, shoes and blankets, are now manufactur- 
ed by them, from materials purchased by the Agent, except, that cot- 
ton is purchased in the yarn. 

Their usual dress is a round-about coat, vest and trowsers, made 
of cotton warp and woolen rilling, with the stripes running round the 
body and limbs, a cap and socks of the same cloth, and leather shoes. 
Their shirts are of cotton and not coloured. They have heretofore, 
generally, had from two to three imported blankets. But the Agent 
is now having them manufactured in prison, by having the wool spun 
into coarse yarn, on spinning jennies, wove a yard and a half wide, 
and after being slightly fulled, are cut two yards long, and weio-h be- 
tween 5 and 6 pounds. 

These, it is believed, will be cheaper, and certainly much better, than 
those imported. Their hammocks are made of imported canvass, 
stretched by cords and hung by the corners upon hooks rather loosely, 
or stretched tight on long and narrow wooden frames, which lie flat 
at night, and are turned up edgewise during the day. The latter al- 
low the body and limbs more freedom, but are more cold, and liable 
to bed bugs. Some complain that the loose hammocks give pain in 
the limbs and breast, but perhaps a majority would prefer them in 
winter. 

The framed hammocks are much the most expensive, of which kind 
there are now 388, and made principally during the present year. The 
stoves, in the department of solitary cells, are placed on the ground 
floors, and the pipes extending along the area around them, and the 
warm air rising, makes the cells , in the upper or 5th story, from six to 
eight degrees warmer, than those in the lower. 

No measures have been taken to ascertain, with accuracy, the an 
mial expenses of materials for clothing and bedding, but it cannot va- 
ry much from $12 ner man. 



.10 

The clothing worn in by convicts, after being cleansed, is carefully 
kept in a room for that purpose, to clothe them when they go out ; but 
there are few whose clothes are sufficient for them when discharged 
and .many that are scarcely worth preserving. 

SOLITARY CELLS, CONFINEMENT, &-C. 

The south half of this Prison was built, much upon the old plan, 
with halls on one side and large rooms adjoining, on the other. 

The attic story was thrown into one room, and also the upper story 
at the west end, now used as a chapel. The wash-room, kitchen and 
mess-room, were made in the basement story. There were a few 
small rooms calculated for two convicts. 

In April 1819, and before the building of the other half of the Pris- 
on was commenced, the Legislature authorized the Inspectors "to alter 
or change the interior plan, originally adopted, so far as to render the, 
same more suitable for confining each prisoner in a separate cell." 

In pursuance of this authority, the then Agent commenced building 
and nearly completed the north front, upon the new plan of solitary 
cells, but before finished, it was fired by some of the convicts and 
pretty much destroyed ; for the rebuilding of which an appropriation 
of $25,000 was granted by the Legislature. 

Such was the state of the Prison, when, in 1821, the present board 
of Inspectors (the present Agent being a member) was appointed. 
This board appointed a new Agent. 

The following extract of our report to the Legislature, in January 
1822, will show the progress of building and the description of the 
solitary cells. 

"The said act of appropriation for building, directed that the said 
$25,000 should be applied to the completion of the east part of the north 
wing of the said Prison, and if there should remain any surplus, it 
should be applied to the finishing the north rear part of the said wing. 

The part, first mentioned, had been, previously, partly built, and 
destroyed by fire ; except a part of the outer walls and so much of the 
walls, of the centre block, at the . soutji end, as contained about 25 
cells. This east part of the north. wing is 108 feet in length, by 45 
in width ; and is composed of outer wails, enclosing a separate block 
in the centre, five stories high, leaving a space between it and the 
outer walls, on every side, of nine feet. From the top of the outer 
walls, there is a brick arch, sprung across the 9 feet space, to the top 
of the block, and the whole surface, on the block and arches under the 
roof, covered over, 20 inches deep, with pounded stone and cement, 
(except passages for ventilators) which forms a safe barrier against 
fires extending to the roof. 

This block is 42 feet high, and has on each side, five tiers of cells, 
7 1-2 feet by 3 '2-3, and 7 feet high, over each other, amounting to 165, 
made accessible by strong wooden galleries, of three feet width, sur- 
rounding and attached to the block ; still leaving a space, in width, six 
feet, between them and the outer walls of the building, from the ground 
floor to the arch under the roof. 

The block is built with stone walls on the outside, 2 2-3 feet thick. 



A wall of stone, 'Z leet thick, in the- centre, separating the ceils on the 
east side of the block, from those on the west ; and the side partitions, 
between the ceils are of brick, one foot thick. — These cells, before the 
fire above mentioned, were constructed of wood at the top and bottom, 
so that a tire, commencing in the lower story, would meet no obstruc- 
tion to the roof — to avoid that danger, ail the new cells are now so arched 
over with brick and mortar, that the oak plank, with which all are firm- 
ly lined, might burn out, in any one of them, with very little danger to 
the cells adjoining ; so that if a convict could succeed in setting fire to 
his own cell, he would have the prospect of self immolation only, with- 
out producing any Gther serious injury. These cells are secured by 
heavy doors, of oak plank and iron, with strong grates, weighing from 
30 to 40 pounds, and fastened in the safest manner. 

The method of carrying the water from the roof of the old part of 
the Prison proves injurious, as the conductors are carried down on the 
outside and freeze up, together with the gutters, and when a thaw 
comes, the water sets back through the shingles and runs down the in- 
side of the building. To avoid that difficulty, the new part has been 
made with large substantial copper gutters, with conductors from them 
down the inside of the outer wall of the building, into drains under- 
neath. The caps, at the top of the conductors, are left open, so thai, 
the warm air in the hails, between the block and the outer walls, can 
escape through the passages into the eve gutters, and prevent the wa- 
ter in them as well as in the conductors, from freezing. The roof is 
also made water tight with plank, so far up from the gutters, as to throw 
the water over the outside, should not the above precaution prevent 
its freezing in the gutters, which has not yet been the case. 

The ground iloor of the halls surrounding the block, is formed by 
pounded stone and cement of the watei lime, covered over with sand 
and flagged with hard brick. 

These halls are lighted by windows in the outer walls, strongly 
barr'd, from which, through the door grates of the cells, the convicts 
receive light sufficient to read. 

Thus completed is that part of the building denominated in the act, 
"the east part of the North wing," In addition to this, trie angle of the 
west wing is turned, and extended west 94 feet ; and built on the same 
plan, containing 120 cells and entirely finished, except between 30 and 
40 cells which want doors and lining. The foundation of the remain- 
der of the block of that wing, being 148 feet in length, has been raised 
to the top of the basement story, making 54 ground cells. This part, 
when completed, including an attic story,* to correspond with the op- 
posite wing, will contain 290 cells, making in the whole 575 in the new 
part of the prison. 



* The attic story, instead of being- made into cells, was prepared for and is now 
^sed as a Hospital, leaving 550 cells in the north front and wing. A considerable num- 
ber of the cells last- made, were not lined with plank. These are sufficiently secure 9 
"nore cleanly, but colder in winter ; and the mode of ventilating' them enable? 4 h6 
dc '.' '■'■'* " each others c#JJ?. 



To preserve pare air and health, in the new part or the prison, the 
iblktwing precautions have been adopted. —Each cell has a pipe or 
Ventilator, of 2 1-2 inches diameter, running from near the top, 'on the 
back side of the cell, into conductors, four inches square, fixed in the 
middle of the centre wall of the block, which extend from the bottom 
tip through the wall, and come out above the stone and mortar which 
covers the block and arcbes over the halls, so that a current of air is 
created, running from the warm air in the halls, through the cells and 
ventilators, vbich brings into the cells a constant succession of fresh 
air, and carries off the effluvia generated in each. In addition to this, 
large ventilators are constructed from the top of the halls through 
the arch and roof, which can be opened and closed at pleasure: these 
however, are less used, on account of the passages into the eve-gut- 
ters above described, than would otherwise be necessary. - ' 

The legislature passed an act, April 2d, 1821, directing the Inspec- 
tors to select a class of convicts, to be composed of the oldest and most 
heinous offenders, and to confine them constantly in solitary cells At 
this period, the legislature and public at large had become* so dissatis- 
fied and discouraged with the existing mode and effects of penitentiary 
punishments, that it was generally believed, that unless a severer sys- 
tem was adopted, the old sanguinary criminal Code must be restored. 

In dread of such a result, the legislature ordered the experiment of 
exclusive solitude, without labor, and it is now believed, that in avoid 
ing one extreme, another was fallen into. 

In pursuance of this law, on the 25th day of December, 1821. there 
were selected eighty convicts and put into solitary cells. 

These convicts were kept remote from the rest, and where visitors 
were not allowed to go : but wheie an officer remained, day and night, 
as well to guard against the possibility of mischief or accident, as to en- 
force a perfect silence in the cells. 

They were not allowed to speak, except to the chaplain and to in- 
form the officer they were sick, on which the Physician was sent to ex- 
amine them, and if necessary, they were removed to the hospital : oth- 
er convicts brought their food to their ceil doors, under the eye of an 
officer, and carried away what was necessary. Great care was taken, 
by whitewashing and cleansing, to keep their cells and clothing pure 
and wholesome ; and they were prevented from lying down in the day 
time. 

For a considerable time, we had the most entire confidence in the 
success of this experiment. 

In April 1822, an act was passed, directing the Inspectors to report 
to the Justices of the Supreme Court a list of all the convicts, then in 
solitary confinement, with their crimes, character and conduct, and to 
state the duration and extent of such confinement. 

The same act required the said Justices to examine said report, aud 
from their own notes of trial and other information, to be furnished, to 
certify their opinion to the executive, as to the propriety of, from time 
*o time, pardoning said convicts, 

rr hizaZt:a!:c:-:-i s .ci\:o'iJ. of April 2d 1821* and recited, that tfcc 



33 

punishment of these convicts, by changing them from labor to solitude, 
might be unduly increased. 

On the first of August following, we made a report, in pursuance of 
said act, and also added some remarks not required by it, but as the 
report shows the views of the Inspectors, at that time, it may be well 
fo copy so much of it as follows. 

"There is no other difference in the severity of solitary confinement, 
than what arises from the difference in the mental and physical pow- 
ers and constitutions of the subjects of it, which undoubtedly produces 
a considerable difference in the degrees of their suffering. All who 
are orderly, are subject to the same treatment and discipline. As to 
the "duration and extent" of their confinement in solitude, they have 
all been in cells since the 25th December last, except when otherwise 
stated. The Inspectors have recently made a personal examination 
of the above class of convicts, in their ceils, and find that most of 
them seem fully to realize, that their punishment is carried to the high- 
est possible degree, compatible with life and health, and all were ex- 
tremely anxious to be permitted to labor. 

They are yet as healthy as the laboring class ; that is, they require 
as little medical assistance, although they are generally more or less 
debilitated ; and some whose constitutions cannot very long endure 
their present confinement without serious injury, if not ruin ; while 
others are perfectly sound and healthy. 

Without going into detail, experience thus far fully confirms the 
conclusion, that solitude and silence are an indispensable part of a well 
regulated penitentiary system, the improvement of which has been long 
and loudly called for. Its defects have been pointed out and exposed 
by able statesmen and distinguished writers, but they have attended 
much less to criminal laws than to prison regulations. 

If our criminal code was acknowledged to be greatly defective, while 
the old method of punishment (if it could be so called) was pursued, 
how much more glaring are those defects rendered, by a change of 
punishment. So slow is the progress of public opinion on such sub- 
jects ; and so little has been done in regard to this ; and as it is one 
in which the interests of society, prosperity of the state, and even safe-, 
ty of the government are deeply concerned, we cannot but indulge the 
hope that it will be presented to the next legislature, clothed with that 
importance which can only be imparted to it by judicial as well as ex- 
ecutive recommendation. And permit us to observe, that, we very 
much doubt the principle or propriety of giving to the Keepers or In- 
spectors any other power over convicts, than to carry strictly into ef- 
fect, the explicit sentences of the courts who convict them ; and en- 
forcing the most rigid discipline. The reasons will sooner occur than 
we can suggest them. Allow us also to suggest, that perhaps a cri?ni- 
nal code, with something like the following outline, might be worthy 
of consideration. 

Make certain crimes, and perhaps a repetition of some others, pun- 
ishable with death. Certain other crimes, and the repetition of some 
others, which clearly indicate such a depraved heart, or malicious tem- 
per (for instance, attempting to poison, and aggravated cases of busrg- 

V 



l#ry and rape) as to shew the offenders so dajagerous us to be uusa!0 
and unfit to live in society, punishable with imprisonment for life, aft 
hard labor. The next class of crimes, and all state prison offences, 
committed by persons over a certain age, punishable with solitude, from 
one to five and possibly to seven years ; the last of which would be fre- 
quently, if not generally, tantamount to a sentence for life. — 
Tne lowest grade of crimes, subject to state prison punishment, and 
committed by persons under a certain age, punishable with imprison- 
ment, at hard labor, from three to perhaps five or six years. The con- 
victs for life should be kept distinct from all others, in a separate yard 
and apartments: all intercourse effectually prevented, and lodged in 
solitary cells, if practicable ; if not, in secure rooms. They could only 
corrupt each other, the influence of which could never extend beyond 
themselves. They should be kept under rigid discipline, and com- 
pelled, emphatically, to endare hard labour. 

Let the solitary convicts be dealt with as they now are, except, per- 
haps, some improvement in adapting the. quantity and nature of their 
food to their condition. The last or juvenile class, might be employ- 
ed at hard labour, under strict discipline, and should, by all means, he- 
lodged in solitary eel Is, 

They should be kept in school on Sundays and such portions of 
other days, as would not at all interfere with their labour, and be favor- 
ed with religious and moral instruction, admonition, advice, and reproof. 

Three years would be sufficient to teach them such trades as would 
enable them to procure a living- when discharged. We are aware of 
many difficulties in settling the details of such a system of criminal 
law, which can only be overcome by great labour, experience and wis- 
dom; and therefore we forbear entering further into the subject." 

In our report to the legislature, in January following, it is stated that 
frequent examinations of the solitary convicts, since the above report 
was made, confirm our opinions therein expsessed concerning them. — 
This report then goes on to expose the evils of the old system of pun- 
ishment and the necessity of a change;, as follows : 

" The Construction of prisons, and laxity of discipline, have former- 
ly afforded convicts almost every comfort congenial with their propen- 
sities and wishes : social intercourse and recreation ; moderate labour 
and good living ; correspondence, and frequent interviews with friends : 
have been among their ordinary enjoyments; which not only allevia- 
ted their punishment, but, as has often been remarked, rendered pris- 
ons, seminaries of vice, by diffusing among all the convicts, the knowl- 
edge and love of villainy that each possessed, and giving, to each indi- 
vidual, the combined adroitness and skill of the whole: 

The course of the law, false humanity and executive mercy, have 
sent forth from these immense fountains of impurity, copious streams, 
in every direction, whose pestilential vapours have carried a moral 
plague through the land. If the present mode of punishment, by clas- 
sification, labour and solitude, fails, then the whole system must be 
given up in despair ; the hopes of the philanthropist must perish ; and 
scourges, the gallows, or gullotine must administer to the demands of 
sanguinary laws. 



Si) 

'iteepiy impressed with this truth, and earnestly desirous to avert, if 
possible, a calamity fraught with such tremendous consequences, we 
feel most solemnly bound to employ our best energies and skill, in giv- 
ing this great and humane experiment the fullest trial of which it is 
susceptible. This cannot be done, unless the convicts are made to en- 
dure great suffering, and that applied, as much as possible, to the mind. 
The demands of nature must indeed be complied with ; their bodies 
must be fed and clothed ; and those who are allowed to work, not press- 
ed down with greater weight of labour than their constitutions will 
bear. But they ought to be deprived of every enjoyment arising from 
social or kindred feelings and affections ; of all knowledge of each oth- 
er, the world, and their connections with it. Force them to reflection, 
and let self-tormenting guilt harrow up the tortures of accusing con- 
science, keener than scorpion stings : until the intensity of their suf- 
fering subdues their stubborn spirits, and humbles them to a realizing 
sense of the enormity of their crimes and their obligation to reform." 

During the year preceding January 1823, there was an average oi" 
about 220 convicts in prison. From the Physician's report of that year, 
to the Inspectors, it appears that the average number of sick, in the 
Hospital, was between seven and eight. — That there were ten deaths ; 
seven by consumption, five of which were from among the solitary con 
victs. The Physician speaks of patients coming into the Hospital, from 
the cells, with difficulty of respiration, pain in the breast &c. and con- 
cludes his report as follows : " It is a generally received and acknowl- 
edged opinion, that sedentary life, no matter in what form, disposes to 
debility and consequently to local disease. It may be produced in the 
study or the prison ; in the nursery and the college, or in any other 
place where muscular exertion is restrained. If we review the mental 
causes of disease, we shall probably find that sedentary life, in the pris- 
on, as it calls into aid the debilitating passions of melancholy, grief, 
&c. rapidly hastens the progress of pulmonary disease. 

From the order and cleanliness of the prison, we have no reason to 
conclude that any atmospheric cause reigns within its walls, calcula- 
ted to produce serious disease : but confinement operates upon the ex- 
isting germ of diseases, and hastens the progress of all those that must 
have otherwise terminated in death." 

It is not known whether the Judges of the Supreme Court acted 
upon said report, made to them, or not ; but the Legislature passed an 
act, April loth, 1823, requiring the Inspectors to make a similar re- 
port to the Governor, and for the same reasons alleged in the said act 
of April, 1822. 

A report was made to Governor Yates, as directed by said act ; and 
in the summer of 1823, he visited the Prison, personally, examined 
the solitary convicts, and, after consulting with the Inspectors and 
Agent, determined to pardon them all, gradually, as their names 
should be sent him by the Inepectors, except some, whose sentences 
would soon expire, and a few others to be put to labor, and which was 
done accordingly. 

These measures were adopted for two reasons : First, that their pun- 
r ?hroent v ? as changed and increased bevond their sentence * Secbndly> 



-that the health and constitutions of those surviving convicts, had be- 
come alarmingly impaired. 

The said act, of April 15, 1S23, authorised Courts, at their discre- 
tion, to sentence convicts for second offences, to solitary confinement 
not exceeding two years. But there is not a convict now in this 
Prison thus sentenced. 

By the close of the year 1823, the solitary convicts were,' principally, 
released, and a majority of them by pardon ; since which, exclusive 
solitary confinement has been discontinued, though the act requiring 
it is not yet repealed. 

During the year preceding January, 1824, there w T as an average of 
about 260 convicts, and an average number confined in the Hospital, 
of about 9, and there were 9 deaths. 

The Physician's report states, that five of the nine, were subjects of 
solitary confinement, and died with consumption, accompanied with 
effusions of water ; that a number were pardoned by reason of disease, 
which, by continued confinement, would have terminated in con- 
sumption and death ; states that some cases did so terminate after 
they were pardoned, and that he had learned of others languishing 
irom the effects of solitary confinement. 

A number of these convicts became insane, while in solitude ; oae, 
so desperate, that he sprang from his cell, when his door was opened, 
and threw himself from the fourth gallery, upon the pavement, which 
nearly killed him, and undoubtedly would have destroyed his life, in- 
stantly, had not an intervening stove-pipe broken the force of his fall. 
Another beat and mangled his heaa against the walls of his cell, until 
he destroyed one of his eyes. 

Nor was the effect of this constant confinement more favorable to 
reformation, than to bodily health. Of those who survived its shock 
upon their constitutions, twelve have been reconvicted and returned to 
this Prison, whose average confinement, in solitude, was about twenty 
months. It is proper to observe, that several convicts, of the solitary 
class, are still in Prison, who were released from solitary confinement 
and put to labor. 

One of those pardoned, committed a burglary, in this vicinity, the 
very first night after being released from a long confinement, but es- 
caped conviction on some technical ground. 

Some others are known to have so conducted, as to be a terror in 
their neighborhoods, who have not been reconvicted of crimes, and not 
one instance of reformation, among that class, has been known. 

It is true, that in forming that class, the worst men were selected, 
from the best information we had of them ; but, at that time, there 
were little more than double their number of convicts, from whom to 
make the selection ; and it cannot be supposed, that in near all the 
cases, we judged accurately. The conduct and health of a few other 
convicts, sentenced to solitary confinement, by Courts, have been much 
like the Gther class. One deserves to be mentioned : Hiram Maxwell, 
a man of good talents and education, was sentenced by the Court, to 
three years' solitary confinement, without labor, in the New-York State 



Prison, and was alter wards brought, with other convicts, to tins Prison 
from which lie was discharged, last spring, by expiration of sentence. 
When he went out, he was feeble in health ; but of a fleshy, plethoric 
habit. 

He returned to New- York, where he was brought up, and imme- 
diately engaged in a course of daring villany, which he did not long 
pursue, before he was convicted and sentenced again to the New- York 
Prison. It is however proper to remark, that he had, twice before, 
been sentenced to the New- York Prison. 

These facts will not appear less striking, when compared with the 
following : — 

There have been received into this Prison but three, short of one 
thousand convicts ; besides one hundred and thirty, brought from the 
New- York Prison in exchange for one hundred taken from here, to 
build the new Prison at Sing-Sing. 

Nearly four hundred have been discharged by pardon, and a little 
over one hundred by expiration of sentence. From among these, 
there have been twenty-four returned on reconvictions, besides those 
from the solitary class : but six of them had previously escaped from 
the Grand Canal, where they had been placed, with sixty-nine others, 
to labor, by an ill-advised act of the Legislature. None of them, in- 
deed, were ever returned to Prison, except those reconvicted, and a 
few others, who were recaptured after their escape, before which, the}' 
had generally concerted extensive plans to co-operate with each other, 
in the business of horse-stealing, counterfeiting, and other crimes, in 
the execution of which, those reconvictions and recaptures took place. 
This is mentioned, merely to shew the injurious effect upon reforma- 
tion, and to account for many of the twenty-four reconvictions above 
mentioned. There have been no convicts sentenced to this Prison a 
third time. 

In view of these facts, it cannot be considered singular, that an en- 
tire change of opinion was wrought on the subject of exclusive solitary 
confinement, without labor. 

We now believe, that solitude, combined with labor, applied to con- 
victs under the rigid discipline of this Prison, is much better calcula- 
ted to achieve the end in view, and is, perhaps, the best possible middle 
ground between the two extremes of penitentiary punishment. 

The diversion and exercise arising from labor, which the convicts 
now enjoy, are certainly no more than is indispensable to mental and 
bodily health : and their earnings should have some consideration with 
the government. 

There is no doubt, that uninterrupted, solitude tends to sour the feel- 
ings, destroy the affections, harden the heart, and induce men to cultivate 
a spirit of revenge, or drive them to despair — although such may not al- 
ways be the effect upon martyrs and patriots, whose devotion to liberty, 
or. religion, may sustain their bodies and minds in health and vigor ? 
while suffering in a righteous cause : Yet solitude, to a certain extent, 
is indispensable in Prison discipline. A degree of mental anguish 
and distress may be necessary to humble and reform an offender; 



but, carry it too tar, arid he will become either a savage in his teinpet 
imd feelings, or he will sink in despair. 

With all the privileges enjoyed by the convicts in this Prison, insan- 
ity is no uncommon occurrence. There are several, now, more or less 
insane, who uniformly behaved well before their derangement, and 
who have never incurred any corporeal punishment, since their con- 
venient. 

7V desire, frankly to acknowledge and fully expose a dangerous er- 
ror, which we believe has been fallen into, in carrying the doctrine of 
solitary confinement entirely too far, is the only apology for the tedi- 
ous length of this article. 

It is deemed important to add, that a majority of the Commissioners, 
who examined this and the New-York Prison, and whose report will 
be hereafter alluded to, were entirely against exclusive solitary confine- 
ment without labor, on the ground of health, expense, reformation and 
'unnecessary severity ; and they give their reasons at length, and with 
great force. 

Criminal law, Pardoning power &c. 

I have thought it might be interesting to publish a compendium of 
the statute criminal laws of this state, and a few pages extracted from 
our report to the legislature, in January 1824, on the subject ; and also 
containing some remarks on the exercise of the pardoning power, and 
a recommendation to have a committee appointed to examine both state 
prisons, with a view to uniformity in prison discipline and regula- 
1 ions. 

A COMPSND OF STATUTE CRIMINAL LAWS. 

If any person on the eve of the last day of December, or on the 1st or 
2d days of January, shall discharge any gun Sfc. within 1-4 of a mile 
of any building, and be convicted before a Justice, he shall forfeit 405. 
and costs, one half for the poor and the other to the prosecutor. — vol. 
1st, p. 49. 

All wilful killing by poisoning is declared wilful murder of malice 
prepense, and the offenders, their aiders, &c. shall suffer death.— p. 
(56, sec. 1st. 

If any person shall stab another, !that hath not then any weapon 
drawn, or that hath not struck first, so as the person stabbed die with- 
in six months, every such killing is deemed wilful murder : with ex- 
ceptions of those who kill in self defence, or by misfortune.— sec. 2d. 

If a servant kill his master, or wife, her husband, of malice pre- 
pense, such killing to be murder.— sec. 3d. 

If any person shall feloniously attempt robbery, murder, or burglary, 
and the person against whom the offence was attempted to be commit- 
ted, shall happen to kill the offender, in resisting him, he shall be ac- 
quitted thereof.— -sec. 4th. 

If any person kill another, in self defence, or by misfortune, he shall 
be acquitted of murder. — sec. 5th. 

If any person kill another, in endeavoring, by lawful means, to ap« 
[Prekeiu! felons, or in defence of husband, wife. &c. or m'suppress£»g 



:vou or ill lawfully chastising a child or servant, ho shall be dischar- 
ged. — sec. 6th. 

If any officer, ministerial, or judicial, shall be convicted of extor- 
tion, in any court of record, he shall be punished by fine and impris- 
onment, or both. — p. 111. 

If any person shall acknowledge a fine, deed, &e. in the name of 
another, or personate another as bail, he shall be adjudged guilty ofjf^j 
ony. — ib. 

If any person shall steal any record, or other proceeding, in any 
court of record, or in the office of the Secretary of State, or clerk of 
any city or county, every such person, and their procurers, &c. shall 
be adjudged guilty of felony. — p. 112. 

If any servant, to whom any money, goods, &c. shall be delivered 
by his. master, to be safely kept, shall go away with the said money, to 
the intent to steal the same, or being in his service, shall embezzle the 
same, with the like intent, and the same be of the value of twenty shil- 
lings, he shall be deemed guilty of felony : but the act is not to extend 
*o apprentices, under the age of eighteen years. — ib. 

If any person, being married, do at any time marry another, the for- 
mer husband or wife being alive, such offence is felony; and the of- 
fender may be tried in the county, where he shall be apprehended. 
But there are certain cases, to which this act does not extend. — p. 113. 
An Act, for apprehending and punishing disorderly persons. 

All disorderly persons, may be committed by any Justice, for any 
time not exceeding sixty days, or until the next general sessions. 

In all cases of commitment by Justices, except petit larceny, and 
when the time is not limited by the law, it shall be until the next 
general sessions, or until discharged by due course of law. 

The general sessions may, upon examination, adjudge offenders al- 
ready committed, to six months additional imprisonment : and when 
the last legal place of settlement of such person, cannot be found, may 
place them out as servants. 

The act concerning amendments and jeofails., does not extend to 
criminal proceedings. — p. 122. 

If any person, not appointed under the authority of the U. S. or of 
this state, nor being an inhabitant thereof, shall come within this state, 
to execute any writ or process, he shall be adjudged guilty of a high. 
misdemeanour, —p. 131 

TREASON. 

If any person shall levy war against the people of this state, within 
the same, or adhere to its enemies, or give them aid, he shall be ad- 
judged guilty of Reason. 

The concealment, or keeping secret any treason, shall be deemed 
misprision of treason. 

All trials, tor these offences, shall be according to the course of the 
common law, and this act. 

All persons indicted for these offences, shall have a copy of the in- 
dict, and a list of the witnesses, with their descriptions ; and may 
make defence bv counsel, and have their witnesses swnrn. He 5ha.ll 



■i 5 

Lave a copy of the panel, and process for his witnesses: nor shall 
any one be indicted, or tried, . but upon the oath of two lawful wit- 
nesses. — p. 145. 

When any felony shall be' committed. Sheriffs, and other officer?, 
and all other persons by them commanded, shall make fresh pursuit ; 
and every person who refuses, and is convicted, shall be punished by fine. 

When a warrant is granted in one county, and the offender escapes 
into another, a Justice in that county, shall endorse his name on the 
back, which shall be a sufficient authority to arrest him. — p. 149. 

Persons winnirig at games, by fraud, or unlawful device, or at any 
one sitting, win more than twenty-five dollars, and being convicted by 
indictment, shall forfeit five times the value won, be deemed infa- 
mous. &c. — p. 153. 

If any person shall carnally knozp, any woman child, under ten 
years of age, it shall be adjudged a rape, and felony ; and if "by force, 
he shall ravish any woman, that is felony'. 

If any person shall marry, or cause to be married, any woman, a- 
gainst her will, or to be defiled, it is felony, and punishable as in ca- 
ses of rape; and every agent is made a principal felon. — p. 150. 

If any person shall, on purpose, and of malice- aforethought, malm, 
or disfigure another, it shall be deemed felony; and all aiders, abet- 
tors, &c. are declared to be felons.—- p. 108. 

If any person shall corruptly procure any witness, to commit any 
wilful and corrupt perjury, before any court or magistrate, he shall bo 
adjudged guilty of subornation of perjury : and any person who shall 
wilfully and corruptly swear falsely, before any court, or before any 
person, having competent authority to administer an. oath, he shall be 
adjudged guilty of Wilful and corrupt perjury. And no such person 
can be received as a witness, until the judgement against him be re- 
versed. — p. 171. 

Every person who shall maintain any plea, or suit, in any court, for 
lands, or other things, to have part or profit thereof, shall be punished 
by fine, or imprisonment, — ih. 

Every officer, who shall take or receive any lands in fee, so long as 
it is in plea in any court, or take any reward thereof, shall be punish- 
ed by fine and imprisonment, as well he that purchaseth, as he that 
selleth the same. — p. 172. 

If any person shall .steal, or take by robbery, any bill; bond, promi- 
sory note, 8$c. it shall be adjudged felony, of the same degree, as if the 
offender had stolen goods, and of the like value.— p. 174. 

If any person shall, with intent to dissect, dig up, and remove any 
dead human body, or aid therein, from any burial place, or shall dissect 
or aid in dissecting such human body, he shall be deemed guilty of a 
public offence ; and shall be punished by fine or imprisonment, or 
both.— p. 175. 

It shall be deemed an offence against the people of this state, for. 
any tavern keeper to suffer any cock fighting, playing with cards' or 
dice, to keep any billiard, or other gaming table, in his house, out 
house, yard, or garden, or therein to permit any kind of gaming, hv 
Jot. or chance* — p. 1 78, see, 8. 



u 

All offences committed aguinst the act to lay a duty on strong li? 
quors, and for regulating inns and taverns, shall be considered mis* 
demeanors ; punishable by fine and imprisonment, or either* — .?. 17. 

All suits, informations or indictments, which shall hereafter be 
brought or exhibited for any crime or misdemeanor, except murder, 
shall be brought or exhibited within three years next after the of- 
fence shall have been committed ; with an exception as to non-resi- 
dents. — 1S7, 5. 7. 

Horse racing, for any bet or stakes, is declared to be a public nui- 
sance ; and all the parties engaged shall be punished by fine or im- 
prisonment, and all public officers are enjoined to see the act execu- 
ted.— 222 

If any officer entrusted with public monies, shall corruptly apply 
the same to purposes incompatible with his duty, and the state suffer 
a loss, he shall be deemed guilty of misdemeanor. — 241 

It shall be deemed an offence against the people of this state, for 
any assistant keeper or workman about the state prison, or other per- 
son, to convey out of, or bring into the prison any letter, ivriting or 
other thing, without its first being examined by keeper &/C. — 275, s 12 

ACT TO PREVENT FORGERY AND COUNTERFEITING. 

If any person shall falsely maize, forge S?c. or cause to be falsely 
made, &c. or assist in falsely making, &,c. any record, deed, will, &c. 
or any indorsement of any note, <Soc. or any receipt, acceptance, 
warrant or order, with intention to defraud any person or body poli- 
tic or corporate : or shall utter or publish as true, any false, for- 
ged, &c. record, deed, &c. (as above) knowing the same to be false 
and forged, and be convicted thereof, he shall be deemed guilty of 
felony. — 404, s. 1, 

If any person shall forge or counterfeit any certificate of the ac- 
knowledgement of any deed or writing, or the certificate of the rccor- 
ding of any deed or writing, made by the secretary of state or any 
clerk, or knowingly utter such forged certificate or indorsement, and 
he convicted, he shall be deemed guilty of felony.-- 5. 2. 

If any person shall counterfeit or cause to be counterfeited, any 
certificate or public security issued by this state, for the payment of 
money &>c or utter and pass the same, or offer to pass, knowing the 
same to be counterfeited, and be convicted, shall be deemed guilty 
erf felony. — s. 3. 

If any person shall counterfeit, or cause to be counterfeited &c. a- 
ny current gold or silver coin, or pass, or offer to pass the same, know- 
ing it to be counterfeit, and be convicted, he shall be deemed guilty 
of felony. -- -s. 5. 

If any person shall have in his possession said coins, with intention 
to utter ox pass the same, to defraud any person &.Q. knowing the 
same to be counterfeited, and be convicted, he shall be deemed guil- 
ty of felony.- .?• G 

If any person shall. sell} or offer to sell or exchange, or wittingly re- 
ceive auv cpunterfcil vrortiitsofij note* with intention to pass thesame^r 

V 



1-2 

to defraud any person, and be convicted, he shall be deemed gnilty of 
felony. — s. 7. 

If any person shall make or engrave any plate for counterfeiting any 
promissory note, for the payment of money, in the name oi any person, 
or body politic, or corporate, and be convicted, he shall be deemed 
guilty of felony. — s. 8. 

If any person shall have in his possession any promissory note, for the 
payment of money, with intention to pass the same, knowing the same 
lobe counterfeit, and be convicted, he shall be deemed guilty of fel- 
ony.— -5. 9. 

If any person shall have in his possession any blank note, for the 
payment of money, in the form of a bank note, with intention to fill up 
the same, in order to utter the same, lo defraud any person, &>c. and 
be convicted, he shall be deemed guilty of felony. — s. 10. 

If any person shall have in his possession any plate, for forging any 
bank note, with intention to forge, and be convicted, he shall be deem- 
ed guilty of felony. — 5. 11. 

AN ACT DECLARING THE PUNISHMENT OF CERTAIN CRIMES. 

Every person who shall be convicted oi treason, murder, or aiding &c- 
therein, or of wilfully burning any inhabited dwelling house, shall suf- 
fer death for the same. — 407, s. 1 . 

Every person who shall, be convicted of rape, sodomy, burglary, rob- 
bing any dwelling, or any person, of counterfeiting the proof of deed, 
or writings, or of recording the same, or public securities, or the cur- 
rent coins of this state, or of maliciously maiming or disfiguring 'i neth- 
er ; and all aiders. &c. in any of the above offences, shall be punished 
with imprisonment for life in the state prison.- -s. 3. 

Every person who shall be convicted of faisely making, &x. or aid- 
ing therein, any record or charter, deed or will, affecting the title to re- 
al estate, or note or bill oi exchange, or endorsement, with intention to 
defrand; or uttering the same as true, knowing them to be false, shall 
be punished with imprisonment iorlife or for some shorter term, at the 
discretion of the court — -s. 4. 

Every person who shall be convicted of wilfully burning any d well- 
bouse uninhabited, or house oi public worship, or other public building, 
or any barn, or any grist mill, or any offences specified ill the 1st sec, 
of the preceding act, and not before provided for, or any felony other 
than such as are directed to be otherwise punished, and above the de- 
gree of petit larceny • and evey person who shall hid. &,c. in burning any 
inhabited dwelling house, or to commit any other of the offences in this 
sec mentioned, and be convicted shall be imprisoned for not more than 
fourteen years, and for a second offence of a like nature, to imprison- 
ment for life, — 5. 5. ' 

Every person convicted of the offences specified in the 7th, 8th, 
9th, KHh and 11th sec;, of the act " to prevent forgery and counter- 
feiting," shall be punished with imprisonment for life, or other 
term not less than seven years. — s. 7. 

Evcry person convicted of poisoning, with indent to reorder, au<£ 



43 

death do not ensue within a yca>* and % day, shall be punished with 
imprisonment not exceeding fourteen years — s 8. 

Every person convicted of having in his possession counterfeit 
coins, with intent to pass the same to defraud any one, shall be im- 
prisoned not exceeding seven years 

Every person convicted of any assault with intent to r»6, murder, 
or commit a rape., or of aiding therein, shall be punished by fine 
or imprisonment, or both, or, at the discretion of the Court, for any 
term not more than seven years in State Prison, and for the second 
o9*ence ; for any time not exceeding fourteen years. — jr. 9. 

Every person convicted of petit larceny shall be punished by fine 
not exceeding $200 or imprisonment in county gaol not exceeding 
three years. — s. 10. 

When a person shall be imprisoned for petit larceny, the Court 
may direct his diet while in gaol. — s. 11. 

Every person convicted of felony, the punishment of which is not here- 
in declared ; every person buying or receiving stolen goods, knowing 
the same to be stolen ; or shall knowingly, &c. by false pretence, 
obtain money, goods or chattels, with intent to cheat or defraud any 
person, or aid, glc. any person to commit said offences; or who 
shall be accessary to any felony after the fact and be convicted, shall 
be punished by fine and imprisonment, or either ; or at the discretion 
of the Court, shall be imprisoned for three years in the State Prison, and 
for the second ofFence five years. — s. 13. 

Persons sentenced for less than three years shall be confined in the 
county gaol.— -s. 14. 

If any prisoner sentenced for ter^ of years shall break the State 
Priso.. and escape, and be retaken, an he convicted thereof, he shall 
be deemed guilty of felony ; .' shall be sentenced to double the 
term of imprisonment specified in tne original judgment, to com- 
mence at the period of the last conviction, s. 1.5* 

If any prisoner confined in State Prison, otherwise than for life, 
shall escape, and be retaken and again imprisoned, his first period shall 
be deemed to commence anew from the day on which he shall be again 
imprisoned ; which day shall be ascertained by the Inspectors, s. 16. 

Persons convicted of felony, and sentenced to imprisonment for 
life, are deemed to be civily dead. s. 17. 

Prisoners, otherwise than for life, attempting to escape, or aiding ano- 
ther in escaping, shall be adjudged guilty of a misdemeanor, and shall, 
on conviction, be imprisoned for such additional term as the Court 
shall deem proper. 5. 18. 

If any person shall assist convicts in escaping, he shall be deemed 
guilty of a misdemeanor, and shall be imprisoned in State Prisrm for a 
term at the discretion of the Court, not exceeding ten years, s. 19. 

If any person shall be convicted of the crime of perjury, or vborn- 
ation :f perjury ; or of aiding any prisoner detained in any gaol for 
felony, in escaping or attempting to escape therefrom ; or of convey- 
ing any disguise or instrument into any gaol, for the use of the priso- 
ner in aiding his escape, he shall be imprisoned in the State Prison for 



44 

a. term at the discretion of the Court, not exceeding ten years, s. 2t). 

Court may direct that convicts be kept at hard labor, or in solitude, 
or both, during their imprisonment, s. 23. 

If any servant, to whom any money, goods, bonds, bills, &c. have 
been delivered by his master, to be safely kept, hath withdrawn him- 
self with the said money, &c. to the intent to steal the same ; or shall 
embezzle the said money, &c. or convert the same to his own use, 
with intent to steal the same, and it be above the sum of $2 50, the 
same false act shall be adjudged felony. Bat this act is not to extend 
to any person within the age of eighteen years, p. 412. 

An act, regulating certain proceedings in criminal cases, p. 494. 

If a prisoner, in cases of treason or felony, refuse to plead and be 
tried, such refusal shall be deemed a deni al of the facts charged in the: 
indictment ; and the trial shall thereupon proceed in like manner, 
and all things shall be in the same form as if he had pleaded not 
guilty, s. I. 

No conviction for any offence specified in the act declaring the pun- 
ishment of certain crimes, except treason, shall work a forfeiture of 
goods,- chattels* &c. Deodands are abolished, s. 3. 

If a person feloniously stricken or poisoned in one county, and die 
thereof in another, an indictment found by the jurors of the county 
where the death shall happen, shall be as valid as if the stroke or poison 
had been given there. An indictment against an accessary to any 
murder or felony, in the county where the offence of the accessary shall 
be committed, shall be as effectual, as if the principal offence had been 
•committed there ; and upon a certificate that the principal is attainted, 
convicted, or otherwise discharged of the principal felony, being pro- 
duced, the court shall proceed to try the accessary, in the same man- 
ner as if the principal offence had been committed there. — 495, s. 5. 

If any principal felon be convicted, it shall be lawful to proceed a>- 
gainst any accessary, either before or after the fact, though the princi- 
pal be pardoned before attainder.— s. 0. 

Every person buying or receiving stolen goods, knowing the same 
to be stolen, although the principal felon be not convicted, may he- 
prosecuted and punished. — s. 6, 

The Justices of the Supreme Court, may, at -their discretion, send 
down the bodies of felons removed into that court, and the indict- 
ments, into tho county * v here the ciime was committed, and to com- 
mand those officess having power to try them, to proceed and deter- 
mine upon the said felonies, in the same manner as if the prisoners and 
indictments had not been carried into the Supreme court. —s, 7. 

All manner of foreign pleas triable by the country, shall be forthwith 
fried by the same justices before whom the same person shall be ar- 
raigned, and by the same jurors of the same county that shall try tho 
treason or felony, whereof he shall be so arraigned.— s. 8. 

Every person arraigned for a crime, punishable with death, or im- 
prisonment fo r life, shall be permitted to a peremptory challenge of 
ftveaty jurors, and no more. — p. 496, sec. 9. 



Ko indictor can be pat on the petit jury, if challenged, sec. 10. 

All persons on trial, shall be admitted to make proof, by any tYif- 
nesses upon oath, for their defence, and have process, to compel the 
attendance of witnesses, sec. 11. 

The Clerks of the courts of Common Pleas, and General Sessions 
of the peace, arc authorized, upon application, to issue subpoenas, un- 
der the seal of the court, for witnesses in behalf of prisoner, sec. 12. 

If any felon do rob, or take away any money, &c. from any per- 
son, and he be convicted, by reason of the evidence of the owner, or by 
any other by his procurement, then such owner shall be restored to 
his money, &,c. and the court may award a writ of restitution, sec. 14. 

Every person committed to gaol, for any crime, or misdemeanor, 
shall, if able, bear the charges of the commitment, and also for guard- 
ing him. And if he refuse, a justice shall grant a warrant for collect* 
ing them. If defendant is unable, they are to be paid by the county. — 
sec. 15. 

The court before whom any person has been convicted of any Jarcc* 
ny or other 'felony, may, on consideration of the circumstances, and on 
the prayer of the prosecutor, in open court, order the treasurer of tho 
connty to pay him such sum as shall seem to the court, reasonable, not ex- 
ceeding his expenses, and an allowance for his time and trouble. — sec. Hi 

If a witness attend from a foreign state, at the request of the pub- 
lic prosecutor, the court shall order him to be paid a reasonable sum,' 
for his time, trouble, and expense. 

Any poor person appearing, on recognizance, to give evidence against. 
another, accused of larceny or other fefoiiy, the court, may, at the 
prayer, and on the oath of such person, in open court, order the coun- 
ty treasurer to pay such sum as shall seem reasonable, for his time, 
trouble, and expense. 

The court may in their discretion, allow expenses to witnesses and 
prosecutors, out of the fine collected in any case, not exceeding the 
sum of twenty-live dollars; and cause an entry thereof to be made iu 
the minutes of the court, sec. 18. 

Where any person shall be bound by recognizance, to appear, orlbe 
committed, or be indicted for an assault and battery, cr other misde- 
meanor, to the injury of the complainant, and not charged to have been 
done riotously, or with intent to commit a felony, or not being an in- 
famous crime, and for which there shall also be a remedy by civil ac- 
tion ; if the complainant shall acknowledge satisfaction, the recogni- 
zance may be discharged, or the commitment superseded, or the court 
may order a noli prosequi to be entered on the indictment, upon the 
payment of costs, s. 19. 

This act not to extend to any assault and battery, or other misdemean- 
or, committed by err on any ojficcr of justice. 

Any person who shall wilfully cut doicn, or destroy any kind of 
wood, &c + growing upon the lands of the people of ibis state, or of anv 
person ; or carry away the same, or shall wilfully and maliciously cut, 
down, lop, girdle, &c. any orchard or fruit trees, ^hall be deemfcd 



40 

guilty of a misdemeanor, and punished by fine and imprisonment.— 
p. 525, s, 28. 

VOLUME II. 

If any person knowingly, or wilfully, exact for any services mention- 
ed in the fee bill, any other or greater fee than is therein allowed for 
the same, and be convicted, 'shall pay the party grieved treble dama- 
ges, and such fine as the court shall think proper to impose, and also, 
if an officer, forfeit his office, p. 30, s. 5. 

If any person without the authority and consent of the legislature, 
shall in any manner, purchase lands of the Indians, residing in this 
ptate, or make any contract concerning the sale of the same ; or shall 
tafce possession of, or settle on any such lands, by pretext of any in- 
terest in the same, he shall be deemed guilty of a public offence, and 
shall pay two hundred and fifty dollars, and further punished by fine 
and imprisonment, at the discretion of the court, p. 153. 

All unauthorized lotteries, are declared publick nuisances ; and court s 
are required to charge grand juries to present such offences, and to 
prosecute the offenders, &c. p. 188. 

An Act to prevent Duelling. 

If any citizen of this state shall give or accept a challenge to fight a 
duel, or shall fight a duel, or be a second, he shall be deemed guilty of 
a high misdemeanor, and on conviction shall be disqualified from hol- 
ding any office, or voting at any election for the term of twenty years. 
— p. 192. 

If any citizen in any manner invite another to meet him, with inten- 
tion to fight a duel, or meet with that view, or bear a challenge, shall 
he deemed guilty of the said offence, and punished in the same man- 
ner. 

An act, to prevent kidnapping. 

If any person shall without process of law, seize, inveigle or kidnap 
any negro, mulatto, mustee or other person of colour, not being a 
slave, with intention to send him out of this state against his will, or 
shall conspire with or aid, &c any person to commit the said offence, 
and be convicted, shall be fined and imprisoned at the discretion of 
the Court — the fine not to exceed $1,000, nor the imprisonment four- 
teen years. 

And for the second or subsequent offence, shall be adjudged to im- 
prisonment for life. 

Every person who shall wilfully burn any building, goods, &c. with 
intent to prejudice any person, or body corporate that hath underwrit- 
ten thereon, and all who shall aid, abet, &c. to burn, &>c. with like 
intent, shall, upon conviction thereof, be punished with imprisonment 
for life in the State Prison, sess. 1815, p. 129. 

If an person shall wilfully and maliciously set fire to woodland, and 
be convicted thereof, he shall be punished by fine or imprisonment, 
or both, at the discretion of the Court, sess. 1817, p. 178. 



47 

If any person shall send to sea, or export, or send, or attempt to 
send out of the State, any slave or servant, he shall be guilty of a 
misdemeanor, and shall be punis ed by fine not less than one, nor more 
than 82,000, or imprisoned not less than two, nor more than four years, 
or both, sess. 1819, p. 172. 

If any person shall seize any negro, & o. with intent, to carry him 
out of the State, or conspire to do the same, or any captain of a ves- 
sel, who shall sell in any foreign port, any negro, &c. and be convic- 
ted, may be fined as above, or imprisoned not more than 14 years. 
s.% 

If any person shall forge any ticket in any lottery, authorised by 
this State, or alter the same, ork»:owing!y,2rff«* the same with intent 
to defraud any person, and be convicted, he shall be imprisone d for a 
term not exceeding ten years, v. 268. s. 35. 

If any person shall, with intent to dissect, dig up or remove any dead 
human body, which shall have been interred in any cemetery, or shall 
dissect, or aid &c. in dissecting &c. every such person shall be deemed 
guilty of felony, and being convicted, shall be punished by imprison- 
ment not exceeding rive years, p. 279. 

If any officer, agent, &c. to any bank, shall by virtue of such em- 
ployment, take, secrete, embezzle, &c. any money, goods, &c belong- 
ing to such bank, or deposited therein, he and his adviser, &c. shall 
be adjudged guilty of felony, and shall be punished by imprisonment 
for a term not exceeding fourteen years, p. V 14. 

If any person shall buy or receive any money, goods, &c so em- 
bezzled as aforesaid, knowing the same to have been thus taken, upon 
being convicted, he shall be punished in the same manner, s. 2 

Every person convicted a second time, or oftener, of petit larceny, 
shall be imprisoned for any term not exceeding live years, s. 4. 

The Governor shall have power, on requisition being made- 
by any government; or officer authorised to make the same, to- 
deliver up to justice any person charged with any crime, pun- 
ishable by the laws of this state, by death or imprisonment in the 
State Prison, committed without the jurisdiction of the United States, 
who shall seek an asylum in this state, sess. 1822, p. 139. 

That no stage driver shall run his horses to pass, or to prevent be- 
ing passed by any other stage, or for any other purpose, and he may 
be indicted for every such offence, and upon conviction, may be fined 
or imprisoned, or both. sess. 1824, p. 347. 

The common law of England is the law of this State in all cases, nor: 
provided for by statute. 



EXTRACT FROM THE INSPECTOR'S REPORT OF 
JANUARY, 1824. 

It is a lamentable fact, that while legislative power and wisdom, are 
so sedulously employed in the improvement of civil jurisprudence, the 
protection of commerce; the encouragement of manufactures, and 



48 

numberless subjects of minor importance, there should be so little at- 
tention paid to criminal jurisprudence, and the means of preventing 
the commission of crimes. But this is not peculiar to our own state or 
nation ; it lias been the error of all governments. In many European 
nations, where the rights of property are so well understood, as to dis- 
cover great advances in the science of government, their criminal 
erodes remain unimproved, the relicts of barbarous ages, fit only for en- 
gines of tyranny and oppression. It is true, that as our general and 
state republics, better understand, define, and protect, civil and polit- 
ical rights generally, than other nations, so our criminal laws, and the 
means adapted to prevent crimes, are superior to theirs; but still much 
very much, remains to be done. Crimes and punishments should be 
more exactly denned and fated by the laws ; less should be left to the 
discretion of judges, differing often essentially in their views and feel- 
ings, and moreover liable insensibly to be influenced by all the various 
circumstances attending criminal trials ; the condition in life of the 
culprit ; his friends, property and other considerations, which tend to 
render the operation of the laws unequal, and therefore unjust.* 

The force of these remarks will appear, on recurring to the fact, that 
there are, in this state, more than sixty tribunals, which pass sentence 
for most of the principal crimes ; and more than a thousand that pun- 
ish smaller offences ; a great proportion of which offences, until re- 
cently, were punishable by confinement -in state prison. 

Still greater is the impropriety of placing discretionary power in the 
executive officers of a state prison, any further than is essential to its 
correct government. We allude particularly to the act which directs 
the inspectors of this prison to class the convic-ts for solitude and labor. 
We are aware that this was intended as an experiment to test the effi- 
cacy of solitude ; but this power should be withdrawn as soon as pos- 
sible^ and placed, if any where, in the penalty of the laws, and per- 
haps some portion of it in the courts of justice, 

In the hands of prison oflicers, who are exposed to individual prej- 
udices and partialities among the convicts, the power of varying their 
punishment, (to say nothing ot % its unconstitutionality.) is liable to be 
misapplied and abused, and is therefore dangerous, inexpedient and 
unjust. We cannot forbear to repeat that the penalty of the law should 
distinctly apprise its violators of their punishment, and that the sen- 
tences of courts should be strictly executed, without either increase or 
diminution ; otherwise the scale of punishment graduated to crimes, 
becomes uncertain and ineffectual ; for it is a well established axiom in 
theory, (but wofully neglected in practice.) that certainty is vastly more 
efficacious than severity in puni shments. _ 

, * On referring to the above abstract of criminal law, it will be found that the 
oUence of falsely making any record, charier, deed, will, note or bill of exchange is 
punishable by imprisonment for life, or any shorter period not less than three years 
at the discretion of the court: That persons guilty of an assault with intent to rob, 
irmrder or commit a rape may be punished by a mere nominalfoie, or not to exceed 
seven years imprisonment; and kidnapping by a fme or not to exceed fourteen years 
imprisonment ; and that there is nearly the same latitude given to the discretion cf 
courts fa the punishment of jnai y other (xfifenco? 



49 

This seems to present the subject of pardoning convict?, as another 
serious evil ; an evil that has been sometimes practised from necessity, 
at others from ill-advised importunity and misrepresentation, until it 
now forms a part of our system of crirnial justice, and is a public 
avowal by the government, that the laws are not only defective, but 
tyrannical and oppressive. When the government proclaims this, 
will it not be believed by its vicious and depraved citizens 1 In a free 
government, greater reliance must be placed on the moral force oil aw, 
than its penal sanctions. Its moral force depends upon its purity, im- 
partiality, and adaption to its object, the security and protection of so- 
ciety. Laws of this character will be venerated, and will gradually 
acquire such sanctity, that their violation will not only deeply interest 
the moral part of community, but require a proportionable . degree of 
depravity on the part of the violators. But the frequency of pardons 
puts the law in disgrace, thereby destroying its moral force, and at the 
same time defeating the effect of its sanctions, by making it fluctua- 
ting and uncertain, and is, in truth, a mockery of public justice. We, 
then, submit this as a clear proposition, that the pardoning power ought 
never to be exercised, except in cases where, owing to human imper- 
fection, there shall appear, after conviction, g od grounds for reasona- 
ble doubts of guilt; and that whenever it is otherwise applied, it proves 
either its abuse, (or in truth, what it imports,) that the laws are unjust. 
But suppose they are unjust, and the executive e deavors to remedy 
the evil by that official prerogative ; still the remedy fails, and not tiniy 
so, but from the nature of things in a great majority of cases: there 
will be more injustice in pardons, than in the laws. Laws are general : 
pardons necessarily partial. Is it the poor and friendless, whose mis 
tunes may have rendered them desperate, &l driven them over the hounds 
of moral rectitude; who, in moments of frenzy, have committed crimes 
that, under other circumstances, they would contemplate with horror : is 
it this class whose prayers &o tears are known beyond their prison wall.:, 
and who become the favored recipients of executive mercy ? is it the mis- 
erable foreigner, whom oppression may hav< cast upon our shores, desti- 
tute of the means of subsistence, and the : nowledge of acquiring it, as 
well as ignorant of our laws, who has misapplied the principle of self- 
preservation, by supplying his immediate wants from another's property, 
without consent : is it such a one whose groans reach the ear of the ex- 
ecutive ? — No ; they are the rich, the intelligent, the powerful villains, 
to whom the boon of mercy is generally extended. They have friends ; 
employ agents : property, talents, and influence, are put in requisi- 
tion ; the executive is deceived, and the prison doors are opened. 

We said that the exercise of the pardoning power had become a 
part of our system of criminal justice. The culprit, when about 
committing a crime, considers, (if he reflects at all,) the chance of 
escape, and especially the prospect of a pardon. If he is detected, it 
attends him to prison, and supports him on his trial ; comforts his 
friends, and if convicted, alleviates his sufferings. Courts and juries 
are influenced by the same considerations ;. the latter are less scrupu- 
lous in requiring clear evidence of guilt, and the former havin? a 

H 



m 

discretion, and knowing that the public, as well as the criminal, ex* 
peet not that his sentence will be fully executed, enhance that sentence, 
with the same belief, as the only way> either to make a due impression 
on the public mind and that of the criminal, or to inflict the punish- 
ment he deserves. 

It is obvious to all who have turned their attention to the subject, 
that the frequency of pardons, has principally arisen from the want of 
room in prison, by the rapid accumulation of convicts. This difficulty 
still exists at New- York, as appears by the late transfer of convicts 
from that to this prison, which is not yet full, but in which another 
cause produces the same effect, (the increase of punishment by the 
addition of solitude to the sentences of the convicts,) and compels the 
executive to reduce the time, in proportion to that increase, as near 
as can be ascertained ; it being, however, a matter of difficulty and 
uncertainty. 

Assuming the above remarks to be correct, we have come to the 
conclusion, that our criminal laws should not only more exactly fix 
the time, kind, and degree of punishment, but be so modified, by 
shortening the time, and increasing the punishment, as to prevent 
such an accumulation of convicts, that the necessity or pretext of par- 
doning on that ground, will be removed. 

To support this conclusion, we have made a calculation, given 
in table No. 10, from which it appears, assuming that sentences 
shall hereafter be on an average of the same periods of time, as here- 
tofore, in this prison ; and also assuming that there will be an average 
of 350 convicts received annually in both prisons, (none of whom shall 
be pardoned,) and making due allowance for deaths; and carrying 
the calculation forward for fourteen years ; we shall then have an ar- 
my of \ 923 convicts in the two prisons, besides the multitudes that 
shall have been in the mean time discharged. 

The table referred to, shows the number of convicts, that, upoia 
those data, would be in prison from year to year, during the said four* 
teen years, including also the convicts now in prison. 

It may be alleged that the numbers likely hereafter to be received* 
are estimated too high : let it be observed, that the average numbers 
received into tTiis prison since its establishment, has been about one 
hundred annually ; and into that of New- York, during the same time, 
about two hundred. 

Our state is rapidly increasing in population, commerce, and manu- 
factures, which, with all their blessings, bring upon society correspon- 
dent evils. Poverty and ignorance, follow in the train of wealth and 
luxury ; facilities for, and temptations to the commission of crimes are 
increased, and moral restraints diminished. 

Density of population, tends also, most powerfully, to produce an in- 
crease of crime. Without going abroad, (where more ample proof of 
these positions may be found,) we have sufficient, and, indeed, most 
striking evidence, in this state. That part of it, which sends its con- 
victs to this prison, contains considerably more than half its whole pop- 
rtMkm, and vet furnishes about cm third the state convicts. This ine~ 



51 

quality must arise principally from the difference irt-wealth, conirfteTCe, 
manufactures, and density of population. It is, however, gradually 
lessening; wealthy towns are rising on the grand canal, and other 
navigable waters, and thriving villages are springing up in every di- 
rection ; wild lands are rapidly decreasing, and those which have been 
longest settled, are already subjected to divisions and subdivisions 
among its growing population. 

The state is steadily and rapidly progressing in wealth, numbers 
and physical power; and if its unparalleled march be continued, 
will shortly become a mighty empire. This shows that the legislative 
wisdom of our government is more loudly called upon to look forward > 
than, perhaps, any other; and we also think it proves that ouv estimate 
of future crimes is not too high. It may be thought that improve- 
ments in our prison regulations and discipline, will have an influence- 
highly favorable : this we believe, and for it we have intended to make 
due allowance. 

The professed and just design of ail governments, being the pro- 
tection, peace and happiness of the individuals which compose them; 
crimes are, in a civil light, more or less heinous, according to then- 
tendency to weaken, corrupt, and destroy, the purity, strength and per- 
manency of the governir snt. 

The stability of a republican government, depends on the virtue and 
intelligence of the people ; hence, whatever evils tend to degrade them 
into ignorance, and sink them into vice, strike alike at the foundation 
of government, and become crimes of the most dangerous, and there- 
tore of the most heinous character. By parity of reasoning, laws arc 
wise and beneficial, in proportion as they arc calculated to promote in- 
telligence and virtue. Upon these principles, we consider idleness and 
intemperance as among the higher crimes against the state, and require 
the-attention of the Legislature, in proportion to their magnitude. This 
renders our excise, and poor laws, subjects of important consideration. 
Idleness, intemperance and pauperism, and pauperism, are closely al- 
lied, and occasion the commission of almost every crime. Such is the- 
moral and physical constitution of our nature, that much more can bo 
done by removing the temptations to vice, than in correcting the habits 
of it ; hence encouragements to industry should be afforded ; the 
shame of pauperism incr eased ; the means of education multiplied ; 
and the facility of obtaining ardent spirits suppressed. 

Our excise laws are sufficiently rigid, but the power of granting li- 
cences is abused. Boards of excise have a direct interest in the num- 
ber of licences granted ; they are moreover exposed to the influence of 
personal, popular, and political considerations in their respective towns. 
We take the liberty to suggest the propriety of vesting the power of li- 
cencing in the courts of general sessions; there would be some incon- 
venience to applicants, but this strikes us as an argument rather in 
favor of, than against the measure. But greater mischiefs, by far, 
than what arise from this source, are produced by the total disregard of 
licences, by the keepers of stores, groceries, and tippling houses. The 
Taw subjects them for everv-offenc^, not-omVto ? perialtvof $25. htfr 



also to tine and imprisonment at the discretion of the court ; no ade- 
quate provision, however, is made for its execution, and hence it is vi- 
olated with impunity to an alarming extent. To further the execution 
of so wise a law, we suggest the necessity of making it the special duty 
of the higher criminal courts, in charging grand juries, to state expli- 
citly the above law, and charge them to enquire into, and present all 
offences against it ; and also make it the imperative duty of district at- 
tornies, to furnish grand juries with such evidence as lies within their 
power, in cases where they have information on good ground, of such 
suspicion that the law is violated. 

That the poor-masters, or some other officers in each town, shall be 
required to make complaint to justices of the peace, or grand juries ; 
and that the justices als , shall be required, without complaint, to take 
notice of violations of the law that come to their knowledge, whether 
by personal observation, or the information of others, and to pursue 
legal measures to punish offenders. So important is this law to the 
welfare of society and government, and so difficult of execution, that 
there is little danger of enforcing it by power too extensive or inquisi- 
torial. It is now treated with utter contempt, and instead of remain- 
ing so, had better be repealed. It is so far a disparagement to laws io 
general, as any are injurious, or are useless, by being unnecessary or 
unenforced. The execution of laws by common informers, produces 
the same result. A legislature justly appreciating its own dignity, and 
the character of the laws, will provide for their enforcement by legal 
officers, and not leave so important a subject for a class of menso de- 
graded by common consent, and universal execration, as that of com- 
mon informers ; a class too, that, as it regards the excise law, are un- 
der entirely the influence and control of its violators. 

If our sheriffs are required to support the dignity of the laws, by 
doing that, which, in other governments, is done by common hang- 
men, let other respectable officers be required to do the same, and dis- 
charge t^ose duties which are now left to a class nearly as odious, — 
common informers. 

Connected somewhat with the above subject, and, in our estimation, 
an evil of very great magnitude, is the practice of holding justice 
courts in taverns. The legislature has very wisely forbidden tavern 
keepers from acting as justices of the peace in all civil cases ; most of 
the reasons for this, apply against courts being held in taverns at all. 

An acquaintance with the laws, and the ordinary administration of 
justice, is brought home to the people through justice courts, far more 
than by means of all other tribunals in the state. The number of 
causes which come before them, is not only infinitely greater, but it is 
believed they decide on a much greater amount of property It is un- 
deniable, that trials in taverns often exhibit the most disgraceful scenes ; 
and equally true, that they tend directly to bring disgrace upon laws 
and magistrates ; to promote litigation, idleness, and intemperance ; 
and extend the diffusion of all their concomitant vices and mischiefs 
in societv. 



53 

How can courts sustain their dignity ; how can the administration of 
justice be pure, and the laws thence be respected, amidst scenes of tu- 
mult, riot, intemperance & profanity ? The passions of those who attend, 
already much excited by taking sides in the pending controversy, be- 
come more highly inflamed by liquor, until, instead of that order and 
decorum which ought always to characterize a court of justice, the 
spectators, parties, and witnesses, sometimes exhibit a furious and in- 
toxicated mob ; slanders, assaults and batteries ensue, and these fur- 
nish a portion of the business of higher courts, — courts that are held 
in places protected by the laws, from the sale and direct influence of 
ardent spirits. 

In conclusion, we once more call the attention of the legislature, to 
the subject of a legislative committee, to examine, and judge, whether 
it is wise and just to have two prisons urder the same government, 
which, from their different construction, occasion a vast difference in 
punishment ; and which is still more increased by their being con- 
ducted upon entirely different principles in theory and practice 1 Or 
whether it would not be more wise and just, to combine the excellen- 
cies of both into one uniform system ? 

STATE COMMISSIONER'S REPORT. 

In pursuance of the above suggestions, and personal exertions of 
some of the Inspectors, an act was passed on the I*2th of April, 18&l s 
which appointed Stephen Allen, Samuel M. Hopkins, and George Tib- 
bits, commissioners to visit the State Prisons at New-York and Au- 
burn ; to examine into all matters relating to the economy, govern- 
ment, and discipline of the said Prisons, and the comparative efficacy 
of the different systems of punishment pursued in the said Prisons, 
and to report to the Legislature at the next session thereof, whether any, 
and if any, what improvements may be made in the government and 
economy of the said establishments, and the manner of employing and 
punjshing the convicts ; and also to prepare and report such alteration s 
and amendments of the laws for the punishment of crimes, as they 
shall deem necessary. 

These Commissioners made the examinations required, and ma.de a 
very able and elaborate report to the Legislature, on the 15th of Janu- 
ary 1825, from which the want of room unfortunately prevents making 
but the few following extracts : 

"Prison at Auburn.- -This excellent Prison is in the large and 
flourishing village of Auburn ; in a healthy and fertile part of the 
state ; and so far, it is eligibly located. But it is not conveniently pla- 
ced for transportation, as the Erie canal, which has been made since 
the Prison was begun, passes it at the distance of seven miles. In 
common with the New-York Prison, it is without the important ad- 
vantage of a stone quarry, for the employment of the prisoners ; which 
we consider a very material circumstance, and which will be discussed 
in another part of this report,*' 



Si 

"•The assistant Keepers are masters oi' the respective trades at 
which the convicts, of whom they have the care, are employed. Each 
of them is always with his men when they are at work, and he sees 
them taken into and from their cells, at night and morning;. He walks 
among them in the shop, with a stick or rattan in his hand, keeps 
them steady at their labour, preserves silence and order, and compels 
them to do their work faithfully and diligently. In all those cases. 
where instant correction is necessary to enforce obedience, or prevent 
mischief, it is administered on the spot ; but in general, the power of 
suppressing the very beginning of disorder, prevents any disorder at 
all : and in point of fact, while the rod of correction in this Prison is 
always at hand, its use is seldom resorted to. The presence of the 
rod, for the most part, saves the. necessity of using it. In two weeks 
of our examination, we scarcely saw an example. 

" The correct discipline observed, in this Prison, only requires to be 
seen, to be duly appreciated. The orderly conduct of the prisoners 
. while at labor ; their meek countenances, and sober demeanor ; the 
apparent thankfulness with which they receive their coarse meals ; and 
their quietness under the privations of the Prison, all prove that the 
discipline is complete and effective. 

" The men upon whom the responsibility of the safe keeping of the 
Convicts rests, ought to possess the authority to punish them, if they 
neglect or refuse to obey the laws of the establishment. For the pro- 
per exercise of this power, they are and ought to be amenable to the 
laws. But we understand it to be a principle of the common law of 
this state, as it certainly is of reason and common sense, that even* 
Keeper of a Prison must have such power of personal correction. — 
The condition of a prisoner is that of personal constraint. As the 
prisoners are always the most numerous, and have therefore the advan- 
tage of physical force, they must take the mastery when ever they think 
expedient, if there is no power of punishment^ or when that power is 
fettered or imperfect, their submission will be proportionably incom- 
plete. 

" Upon this method of governing, our opinions are entirely decided 
and unanimous ; .and we hesitate not to state to the Legislature, oer 
settled conviction, that the government of felons, in a Prison, must be 
absolute, and the control over them must be perfect. The principal 
Keeper must be a man of firmness, discretion, and vigilance: and he 
ought to be the responsible person, in all matters relative to the con- 
duct and safe keeping of the prisoners. Without this there can be no 
discipline nor econony. Every consideration requires this : the safety 
of the lives of the officers, and of the prisoners themselves, requires it. 
It is indsipensabie to economy, and to profitable labor; and if there 
can be any hope of reformation, it must not be where the prisoner 
stands upon his rights, and exacts conditions, but where he is brought 
to a sense of his degradation, and feels the sadness incident to de- 
pendence and servitude, snd becomes willing to receive any indul- 
gence as p boon, and instruction- advice- and ndmbnitiou. as a favc r 



<),J 

••It is proper to remark, that we have been informed of complaints, 
which had been made against the officers of the Auburn Prison, of too 
great severity of discipline. Some of us took pains to investigate the 
grounds of those complaints, and sought interviews with some respect- 
able persons, who had supported them, and with some members of a 
grand jury of Cayuga county, before whom the subject had been 
Drought. In one instance, a convict had called out to the prisoners in 
the mess-room, to rise. He was instantly struck down by the turnkey 
attending, and, we believe, struck tffser lie was down. In no case have 
the grand jury thought proper to interfere, though the subject has been 
more than once before them; and we believe that the corporeal pun- 
ishment now inflicted at the Auburn Prison, is not more than is requi- 
red to preserve proper obedience. 

" The rules under which the Auburn Prison is governed, are very 
long and minute, and have been heretofore reported to the Legislature. 
and appear on the journals of Assembly, of 1823* p. 48. They detail 
all the duties of officers, with great particularity, and we approve of 
them as very proper. 

u That the Auburn Prison, combining the construction of the Pri- 
son with the discipline enforced in it, presents the following advanta- 
ges :— 

" That the sentence of the law can be enforced with almost abso- 
lute certainty, since escapes must be nearly impossible, and conspiracy 
quite so, and an attempt at insurrection, therefore, hopeless. 

"Consequently, that the Prison is governed with great comparative 
safety to the lives both of keepers and prisoners, which in cases of in- 
surrection, are necessarily in danger. 

" The separate cells by night, and the silence preserved always, en- 
tirely prevent all contamination among the prisoners ; thus at once is 
excluded the great question, of the classification of convicts, which 
has so much engaged the attention of benevolent men, in Europe and 
America. By this system, every prisoner forms a class by himself; and 
to all moral and social purposes, he is insulated. The novice in crime, 
may work for years by the side of the most expert felon, without ma- 
king any progress in the mysteries of criminality. 

" The prisoners are compelled to work diligently and profitably, and 
are deterred from spoiling their work. 

" That the sentence of the law may be thus certainly, safely, and 
economically executed, without leave asked of the prisoners, or favor 
gained from them ; whence all the benefits of an unfettered execution 
Of the laws. 

"And we now add, as an important feature of this system, that if 
any human means can, as it were, enforce repentance and amendment, 
it is this. The entire separation from all criminal associations, the so- 
briety of feeling consequent upon temperance and labor, and most of 
all, the sadness of solitude, must frequently ma e serious impressions. 
We have seen manifest proofs of such impressions among the prison- 
ers, and only wish there were reason to expect t.hev would be perma- 
nent. 



56 

■ i! From the observations already made, it has appeared, that with res- 
pect to the labouring prisoners, the discipline and goverment of the 
Auburn Prison, with the exception of unremitted solitary confinement 
in a cell, unites most of the qualities which we have recommended in a 
State Prison. Time and experience may suggest further improvements 
in matters of detail ; but we do not expect to see any thing more per- 
fect, than the general system of that prison, nor do we know what more 
can be reasonably looked for." 

The above commissioners recommended that a new prison be built, 
as a substitute for the one at N ■ -■ York, at Sing-Sing, on the east side 
of the Hudson river, about thirty miles from New- York, upon an ex- 
tensive marble quarry, and with a view not only to build the prison 
and walls of that materia!, but to employ al! the convicts hereafter in 
manufacturing it for sale. 

The legislature made an appropriation for that purpose, and the pris- 
on is now in very rapid and successful progress, under the general di- 
rection of said commissioners, *nd when finished, will contain eight 
hundred cells, built upon the general plan of the north wing of this 
prison. 

There are some variations however in constructing, placing, and 
fastening the cell-doors of the new prison, from those in this. The 
cell-'doors ■ in this prison are set back, so as to leave a recess of about 
two feet between the door and the outer edge of t e wall. 

In this recess, an officer can stand and talk with a prisoner without 
being understood or seen by any of the co victs. 

The recess also prevents convicts from seeing a keeper until he is 
directly before their cell do >rs, ad increases the difficulty of conver- 
sation between the convicts in adjoi ing ceils. 

In the prison at Sing-Sing, the doors come out flush with the wall, 
and one of the offi ers employed until lateiy at that priso -.., states, that 
it is extremely difficult to prevent the convicts from conversing with 
each other at their cell doors, which are so situated that they can see 
an officer before he can approach near enough to hear so low a toned 
conversation, as that in which the prisoners can understand each oth- 
er from adjoining ceils. If such is the case, it will prove to be an a- 
larming evil, in the discipline of that institution. 

PRISON DISCIPLINE SOCIETY, .BOSTON. 

A society bearing the above title, which explains its object, has been 
formed by many of the most distinguish d gentlemen in the state of 
Massachusetts. 

The benevolent exertions of this society have already effected much 
good, and promise still greater benefits to man in . With a view to 
a ful developement of the evils existing in the public prisons of this 
country, and to be instrumental in discovering and applying a remedy 
for those evils, one of the most intelligent and benevolent members of 
this society, visited, and critically examined all the penitentiaries and 
majiv countvsaols in the Atlantic states. 



-J. 

J/ 



F?om materials thus collected, the batard of Managers, at their ai> 
tiual meeting of the society in June last, made a report, the value of 
which may, in some measure, be inferred from the fact, that it has al- 
ready passed through three editions of numerous copies. 

It is thought that it may be useful to extract so much of this report, 
•as will show the opinions of the board of managers, in regard to the* 
construction, discipline, and regulations of this prison, by which a re- 
markable coincidence of views and opinions, will appear to have been 
entertained by that board and our state commissioners, in relation to 
this institution. The following are extracts from said report : 

" It has been represented in Europe, that the solitary .ells, in the* 
prison at Auburn, iNew-York, are dark dungeons ; such, as that hu- 
manity would shudder to see persons confined in them. This is an 
important mistake, in point of fact. Out of five hundred and ftfty-fivo' 
cells, only a few are dark, and these are seldom used. All the others 
are lighted sufficiently to enable the convicts to read the small print in 
their Bible, with which they are furbished by a law of the state. 

" For a prison, securing the important advantages required, we recon> 
mend the plan exhibited in this engraving. It represents a building, 
designed to contain lour hundred ceils, on the plan of the north wing 
of the prison at Auburn, in the state of New- York. Retaining tho 
same principle of building, it may be enlarged for a penitentiary, or 
diminished for a jail. 

"The external wall, in the first figure, is two hundred and six feet 
Jong, forty-six feet wide, and three feet thick. In this wall are three 
rows of windows, which arc four feet by six, except the lower row, 
which are four feet square. These windows are glazed and secured 
by a strong grating of iron. They are sufficiently large and nume- 
rous to afford perfect ventilation and light to the cells. 

"The ground view, in the second figure, exhibits the foundation of 
the cells, and the open area around them. The centre is a solid wall, 
two feet in thickness, on each side of which the cells are arranged. — 
The walls between the cells are one foot in thickness: those between 
the cells and the open area, which are broken by the doors, are two 
feet. The cells are seven feet long, seven feet high, and three and a 
half feet wide. The only opening from the cell, except the ventilator, 
ft tho door, in the upper end of which, is an iron grate, about eighteen 
by twenty inches. The bars of tins grate arc round iron, three fourths 
of an inch in diameter, placed about two inches asunder, leaving ori- 
fices smaller than a man J 3 hand. Through this grate all the light., 
heat, and air, are admitted to the cells. 

" The ventilator, which is about three inches in diameter, extends 
from the back of the cell to the roof of the building. The door of tho 
Cell, of which the grate is a part, closes on the inner edge of the wall, 
leaving a reces9 between the door and the outer edge of the wail, tw*> 
feet deep. This recess, in front of each door, increases the difficulty 
of conversation between the prisoners ; prevents them from making 
feigns to each other, or from seeing far to the right or left on the galleries; 
£ik1 furnishes a convenient place, for an cSker of the prison to coo- 



;3S 

verse with the prisoner, without being seen or heard by those in the 
adjoining --cells. The fastening of the door is by a strong latch, con- 
nected by a hook with a bar of iron placed over it. This bar 
extends from the latch, two feet horizontally to the outer edge of the 
wall, thence at a right angle eighteen inches horizontally to the lock, 
Which is beyond the reach of the prisoner, three and an half feet from 
the door. The area around the celts, which is ten feet wide, is open 
from the ground to the roof, in front of live stories of cells. Of this 
area, three feet adjoining the cells, is occupied by the galleries. A 
convenient hospital may be formed in this building by dispensing with 
the partition walls between four cells in the upper story. 

"The breastwork of cells, in the third figure exhibits all the cells, 
on either side of the centre wall ; that is, half the cells in the building, 
together with the galleries and stair-case. 

The advantages oT this mode of building (besides that of solitary 
confinement) are its security and economy. 

The security is four-fold ; for the prisoner must first escape from his 
cell ; then avoid the sentinel in the open area, who has every advan- 
tage for seeing him ; then force the external wall ; and after all he is 
in the yard. The security is such that during two years, in which the 
men have been confined at night, in these cells at Auburn, no breach 
has been made upon one of them." 

"The economy is great in regard to the space occupied and also in 
heating, lighting and guarding. Four hundred cells will cover only 
200 by 46 feet of ground. At Auburn five small stoves, and six large 
and twelve small lamps, placed in the open area, in front of the cells^ 
beyond the reach of the prisoners, afford heat and light for five hun- 
dred and fifty-live cells : and one sentinel is found sufficient to guard 
four hundred prisoners, and cut off communication between them. — 
The space in front of the cells is a perfect sounding gallery ; so that a 
sentinel, in the open area, on the ground, can hear a whisper from a 
distant cell, in the upper story. This experiment has been tried 
again and again, in the presence of the person furnishing this de- 
scription. 

"A building, in which these imporiant advantages are secured with 
so much economy, is great gain. 

"At Auburn stripes are almost the .only mode of punishment — in 
Richmond, Baltimore, Philadelphia, New-York City, Charlcstown and 
Concord, solitary confinement mostly, with a small allowance of bread 
and water — in Connecticut, stripes, chains, solitary confinement, and 
severe hunger. If the efficacy of these different modes of punish- 
ment were to be judged of by the discipline of the respective institu- 
tions, punishment by stripes, as at Auburn, would be preferred. \ The 
difference in the order, industry, and subdued feelings, as exhibited by 
tlie prisoners, is greatly in favor of the prison at Auburn. This dif- 
ference, however, is to be attributed not so much to the mode of pun- 
ishment, as to the separation of the convicts, at night, and several 
other salutary regulations which are not adopted elsewhere. 



59 

~ Governor Clinton has formerly expressed 'his opinion of tlie<m}~ 
portance of solitary confinement, and, in his late message to the Le- 
gislature, he expresses an opinion concerni?ig the institution in New. 
York City for the reformation of Juvenile Delinquents, which is con- 
structed on the plan of the building at Auburn, that it is probably the 
best prison in the world. 

At Auburn we have a beautiful example of what may be done by 
proper discipline, in a prison well constructed. It is not possible 
to describe the pleasure which we feel iu contemplating this noble in- 
stitution, after wading through the fraud and material and moral filth 
of many prisons. We regard it as a model worthy of the world's imi- 
tation. 

"The whole establishment from the gate to the sewer is a specimen 
of neatness. The unremitted industry, the entire subordination and 
subdued feeling of the convicts, have probably no parallel among an 
equal number of criminals. In their solitary cells they spend the 
night, with no other book but the Bible ; and at sunrise, they proceed 
in military order, under the eye of the turnkey, in solid columns, with 
the lock march, to their workshops; thence in the same order, at the 
hour of breakfast to the common hall, where they partake of their 
wholesome and frugal meal in silence. Not even a whisper is heard ; 
though the silence is such that a whisper might be heard through the 
whole apartment. 

"From one end of the shops to the other, it is the testimony of mn- 
ny witnesses, that they have passed more than three hundred convicts, 
without seeing one leave his work, or turn his head to gaze at them. 
There is the most perfect attention to business from morning till night, 
interrupted only by the time necessary to cat. ancT never by the fact, 
that the whole body of prisoners have done their taVks, and the time 
is now their own and they can do what they please. At the close of 
the day, a little before sunset, the work is all laid aside s£ once, and 
the convicts return in military order to the solitary cells ; where thev 
partake of the frugal meal, which they were permitted to take from 
the kitchen, where it was furnished for them, as they returned from 
the shops. After supper, they can, if they choose, read the scriptures 
undisturbed, and then reflect in silence on the errors of their lives. 
They must not disturb their fellow prisoners, by even a whisper. The 
feelings which the convicts exhibit to their religious teacher, as he> 
passes from one cell to another, are generally snbdued feelings. Some- 
times, however, a man is found who hardens his heart and exhibits 
his obduracy even here ; but the cases are comparatively few. The 
want of decorum, of which the Commissioners of the State of New- 
York complain, in their visit to the City Prison, where they were met 
by the bold staring of the prisoners, after they left their work to gaze 
at them, and by looks, whether in smiles or in frowns, which indicated 
an unsubdued and audacious spirit, in the culprits ; this is never seen 
at Auburn. The men attend to their business from the rising to the 
setting sun. and speed the night in solitude, 



130 

e; Under these circumstances they are provided with the Word oj 
God, and they also receive the undivided attention of a moet wise and 
faithful religious teacher, who spends all his time in the Prison ; visit- 
ing the eic; ; teaching those who cannot read ; preaching in the chap- 
el on the Sabbath, the unsearchable riches of Christ ; and afterwards 
in going from cell to cell to administer the reproofs and consolations 
of religion to individuals. The influence of the chaplain, according 
to the testimony of all the officers, is most salutary and powerful ; and 
the various expressions of confidence and affection exhibited towards 
him by the convicts, is most cheering to himself. 

"What then ought this institution to be that it is not ; and how wide- 
ly different from that in Connecticut, which the Commissioners, in 
their fast report, say "is all that it ought not to be, and nothing that 
it ought to be." 

"What could with propriety be done for criminals which is not **one 
at Auburn ? They are from necessity temperate and frugal in their 
diet : they are busily employed in some useful business, from morn- 
ing till night : they are kept in perfect subordination, and provided 
richly with the means of knowledge and of grace, which may make 
them wise- to salvation. 

" It is hardly necessary to add, that at Auburn, there is an exclu- 
sion of all positive evils of the old system, which arise from crowded night 
rooms, evil communication, instruction in all the arts of pickpockets, 
thieves, incendiaries and counterfeiters. 

•* These great ends are gained, partly by discipline, and partly by 
construction. 

" The peculiarities of the discipline, are, that the men, by a mili- 
tary movement, are required to keep the same relative position ; as 
a general thing, they are placed back to face ; and they are forbidden 
all conversation with each other The peculiarity in construction, is 
seen in the engraving. 

" With this plan of building, and the system of discipline and in- 
struction introduced at '.uburn, the great evils of the Penitentiary 
system are remedied. Here then is exhibited, what Europe and 
America have been long waiting to see — a Prison which may be made 
the model of imitation." 

MODE OF PUNISHMENT AND MEANS OF ENFORCING 

DISCIPLINE. 

It has already appeared, that as a mode of punishment and a6 tbe 
means of enforcing discipline in this prison, stripes are generally re- 
sorted to, as a punishment in the presence of the Inspectors ; and, to 
enforce obedience and discipline by the keepers, at all times when ne- 
cessary. These stripes are required, by the present Agent, to be in- 
flicted by the keeper with a raw hide whip, and applied to the back irj 
such a manner, as not to expose the head, face, eyes, or in any way t6 
put the convict's health or limbs in danger : and the use of any 6tick, 
or cane, or any other weapon, or of the list or feet, are now strictly 



m 

tUrbidden, except in crises of self defence : and the assistant kee'pfcr** 
are also strictly required to report in writing without delay, the name 
of the convict whipped, the nature and extent of his disobedience* 
and the number and severity of the stripes inflicted. As this is a high 
and delicate trust, the assistant keepers are often admonished to exer- 
cise it with humanity and discretion, without passion, and with such a 
temper of mind and feeling, as will convince the offender, that the 
chastisement is given solely for his good, and an example to others, 
and that it is a most painfu duty for the officer to perform. 

These rules and regulations are based upon ihe principle, that tho 
officers legally stand in the same relation to the convicts, as tho mas- 
ter to his apprentice, and the school master to his scholar ; and that 
the officer : having the immediate charge of the conduct and labor of the 
Convicts, may lawfully exercise the same mea> is of coercing the observance 
of any of the known duties of the convicts, and for preventing their mis- 
chievous and riotous practices, as the master or schoolmaster may ex- 
ercise in coercing the observance of duty in the apprentice or scholar. 

It is in accordance with these principles, that the rod may 
be used upon the convicts by the overseers of their conduct and 
labor in the shops and yards, to suppress rebellion, enforce 
obedience, and to prevent aggressions while in the act of commis- 
sion. But when the misdemeanor has already been consummated, and 
is past ai-d done, then the case is to be reported to the Inspectors for 
their consideration, and by them be forgiven or punished as they may 
direct: when, in case of punishment by whipping, it is inflicted as the 
law directs, in the presence of, at least, two of them. 

The principal duties of convicts (as has been stated) in this pris'bjv, 
may be comprised in a few words. 

A convict is not to speak to another convict, or disturb him in his 
work. He is not to stop work and stand gazing at a visiter, nor, un- 
der any circumstances, to spoak to a visiter, nor to his officer, but 
when indispensably necessary, and then with as little loquacity as 
the case will admit, and in a low tone of voice. 

Ho is not wilfully or negligently to injure his work, nor the tools, 
nor his wearing apparel or bedding, nor to make the articles badly on 
which he is at work, when he is capable of making them. well. Far 
tho wilful or repeated neglect, or violation of those or other ftfkS, 
chastisement is inflicted either by the keepers or by direction of the 
Inspectors, as the nature of the offence may require. 

The high reputation whicb the discipline of this prison has ac- 
quired, is a sufficient argument to prove that stripes are the most ef- 
ficacious means of coercion that have ever yet been adopted. 

And it may well be added, as an undoubted truth, that this mode 
occasions much less personal suffering to the convicts, as well as loss 
of time than any other which could be devised So certain and instan- 
taneous does correction follow offences, that they rarely occur ; and 
hen«|there is no loss of time, and but little amount of suffering. It 
is belter as well as easier, to prevent the commission of crimes, than 



62 

to redress them by subsequent punishment ; and this capital principle 
should be adhered to in all governments. 

The practice of whipping convicts, in this prison, has occasioned, 
at various times, much public discussion, and sometimes considerable 
excitement, under a belief, by many, that a statute, which will be 
hereafter quoted, strictly forbids that practice in all cases, unless the 
Inspectors are present. 

As early as 1822 this subject was well considered by a Committee 
of the Senate of this State, distinguished for talents and legal at- 
tainments ; and in their report they say : 

" it appears that the officers of the New- York Prison have, for 
years, supposed that they had not the power, incident by common law 
to every prison keeper, to correct his prisoner, within reasonable 
bounds, for misbehaviour ; and on some application to the Legislature, 
it has been alleged that this doctrine was indirectly countenanced. — 
If such is the doctrine, it is wonderful that the prisoners do not hold, 
at least a divided rule with their keepers in prison. But, while the 
Committee deny that the Legislature have questioned thepo.ver, they 
recommend that a declaratory clause be enacted confirming it." — 
[Jnder this and other similar sanctions which have heretofore appeared 
iii this pamphlet, the practice of whipping has continued in this prison. 
In the early part of the present year, an artificial excitement was pro- 
duced in this county on the subject of whipping convicts; and a grand 
jury was induced, during a feverish state of the public mm i, to 
indict several of the officers of this prison for assault and battery in 
whipping prisoners. One of those indictments was brought on to 
trial, at the last Court of Oyer and Terminer in this county — the fol- 
lowing report of which will show, how far the above doctrine, con- 
fended for by the officers of this institution, has been sustained. 

REPORT OF THE TRIAL OF AN ASSISTANT KEEPER, 
FOR AN ASSAULT AND BATTERY IN WHIPPING A 
CONVICT. 

Sept. 7, 1S2G. 
Evidence for the people. — An assistant keeper witness says: De- 
fendant was one of the keepers or turnkeys of the State-Prison ; 
that, in spring of 1825, he saw defendant strike Bement, a convict in 
the west cooper shop — witness and defendant were on relief in the 
shops — witness in the w r est shop and defendant in the east shop — de- 
fendant came from the door between the shops, and asked Bement why 
he was throwing shavings at another convict, and bowing to him.— 
Bement denied it. Defendant then told him to stoop down, which 
Bement did? and defendant then struck him three or four blows 
across his thighs or his back sides. The stick was a small green walnut 
stick. The blows were smart — pretty hard. Defendant then stopped 
and asked Bement if he denied it. Bement still denied it, am~ 
defendant gave him several more blows on the same part, andgj 
asked him again if he would own it. Bement then owned "and 
went on to woik. The cane was cracked. There was a small knet 



in the cane, where it cracked, which went abont half through it. The 
defendant struck about as hard as lie could. The defendant told wit- 
ness, at the time, that when witness' back was turned, he saw Bement. . 
throwing shavings, and bowing and winking to the other convict. De- 
fendant stood where he saw it, in the door way between the rooms.— 
Witness and defendant were both taking charge of the convicts in the 
rooms. There were sixty or seventy convicts in the two shops. Both 
had the general charge of the two shops; though fore onvejiien.ee they 
were stationed in different shops. The duty of both was to overlook 
the whole. The defendant lold witness that Bement ;.ept his eye on 
witness as witness walked back and forth ; and when witness' back 
was turned, Bement went on with the sport, and that Bement did not 
observe him (defendant) at the middle door. Witness was about 
1^ or 15 feet off. Shop is about one hundred feet long. The con- 
duct of Bement was a violation of the rules of the prison and its regu- 
lations. They had always been the standing rules of the prison, and 
the keepers had always been directed to chastise the convicts when 
they transgressed at wofk. The keepers were directed to chastise, 
but forbidden to do it with cruelty. In the opinion of the witness, it. 
was necessary to preserve order and to keep them e.t work. It was 
common, when a convict confessed, not to chastise him at all. It is 
not done to add to their punishment, but only to keep them in order. 
Witness don't know that defendant would have whipped Bement. 
if he had not lied. All the assistant keepers have the same power. 

There was no other witness sworn. 

The following section of an act, passed April 2d, 1819, was read 
to the jury. 

" Andbcit further enacted, That if any. prisoner, in either of the Stale 
prisons in this state, shall refuse to comply with the rules of the insti- 
tution, or refuse to perform their daily task, or shall resist any of the 
officers of cither of the prisons in their lawful authority, or shall wil- 
fully destroy any of the properly within the said prisons, it shall and 
may be lawful, and it is hereby declared to be the duty of the respec- 
tive keepers, under the direction of the Inspectors, to indict corporeal 
punishment on such prisoners by whipping, not to exceed thirty-nine 
lashes at any one time, or to confine them in solitary cells, on bread 
and water, or to put them in irons or stocks, as the Inspectors may 
deem necessary in their discretion, proportionate to the degree of oi- 
fence : Provided, when corporeal punishment be inflicted on any pri- 
soner, by whipping, it shall be the duty of at least two of the Inspec- 
tors to be present: Arid provided jf«r^er r Thatno.punishmcBt, by 
whipping, shall be inflicted on a female/' 

The cause was ably argued by the Hon. Henry R. Storrs, in behalf 
of the defendant, and by John W. Hulbcrt, Esquire, in behalf of the 
prosecution. 

Substance of Judge Walworth's Charge to the Jury. — In summing 
up the case to the jury, Judge Walworth commenced by remarking, 
that the case which they were about to decide, was of the greatest im- 
portance — not indeed as it related to the individual accused : hut from 



fixe effect which their decision might have upon one of the most im- 
fortant institutions in this country : And he regretted that the length 
«s>f time already consumed in the trial, and the lateness of the hour, 
must of necessity confine the Court to a few remarks only, and would 
irot permit him to go so fully into the subject as the nature and extent 
of the questions involved in this controversy actually demanded : That 
the questions which had been discussed before the Court and Jury, as 
well by the counsel for the prosecution as by the counsel on the part 
of the defendant, deeply, affected the whole Penitentiary system: 
That, if the principles contended for on the part of the prosecution, - 
were adopted to their fullest extent, there would be an end of all Pri- 
<6pn discipline ; and the Penitentiary system in this country would be- 
come worse than useless ; — the hopes and expectations of philanthro- 
py must wholly fail ; and we should be compelled again to resort to 
those sanguinary modes of punishment at which humanity shuddered, 
or suffer the felon to go unpunished, and unrestrainedly to trample upon 
tha rights of his fellow men, to the utter destruction of all social or- 
der. On the other hand, the absolute and unlimited power of the 
keepers over the convicts committed to their charge, which had been 
contended for by the defendant's counsel, might in the hands of rash 
and indiscreet, or bad men, render the Penitentiary discipline so 
completely odious and revolting to the best feelings of the community, 
as to induce the Legislature to abolish the whole system as still more* 
sanguinary and cruel than even capital punishment, for which it had 
income a substitute. 

That Lcfore going more fully into this subject, it w tl 1 be j roper to 
observe, it was true, as suggested by the counsel for the prosecution, 
that in criminal cases, the jury were judges both of law and fact, but 
not to the extent contended for by the counsel. That the proper and 
legitimate province of the jury, was to determine the facts of the case; 
leaving it to the court, whose special duty it was, to determine all 
questions of law which might arise. That in civil cases, the jury 
were bound by the law, a delivered to them by the court: and it 
would be a violation of their oaths, if in making up their verdict in a 
■<i'ivil case, they went contrary to the decision of the court, on a ques- 
tion of law. But if they differed in opinion from the court, they 
might always leave the questions of law upon the record, for the 
decision of a higher tribunal, by finding the facts, only in the form of 
a special verdict. That in criminal cases, it often happened that the 
law was so intimately blended with the facts, that it was impossible to 
Separate them upon the record: And that so tender were the courts 
of tho rights of the accused, that in all such cases, the jury were at 
liberty to find a general verdict of acquittal ; and thus to determine the 
law as well as the fact. That in such cases, the court, under its oath 
of office, must honestly state to the jury the law, which was applicable 
to the case ; and they were bound to give that decision all the •■•. eight 
to which it was entitled, as coming from the bench. But still in fa- 
vor of the accused, and especially in favor of life, in capital cases, the 
jury had a right to find a general verdict of acquittal, even against thp 



(35 

opinion of the Court, on a question of law, if they were fully convinced 
the decision of the Court was wrong. That if the decision of the Court 
was in favor of the accused, the jury could never be justified in finding 
a general verdict of guilty, contrary to the law as delivered from the 
bench. But even in that Case, if they doubted the correctness of the 
decision of the Court, they would be at liberty to find the facts, by a 
special verdict : That the reason cr this distinction was obvious. If 
the jury erred in pronouncing a verdict of acquittal, they erred on the 
side of mercy : and it was better that many guilty should escape, than 
that one innocent man should be punished. And that the policy of 
the law would not suffer any man to be condemned, except by the 
concurrence, both of the Court and the jury. That if the jury gave a gen- 
eral verdict of guilty, under a mistaken notion of the law, and in op- 
position to the declared opinion of the Court, their decision could not 
be reviewed by a higher tribunal ; and in such a case the innocent 
must inevitably suiter., unless the facts of the case were so clear &:- plain, 
as to authorize the Court to set aside their verdict, as being contrary, 
both to the law and the evidence. 

The judge then took a general view of the penitentiary system of 
this state, a;:d of the necessity of rigid prison discipline, for the reforma- 
tion of offenders, or to restrain the commissio > of crime. He observed 
that imprisonment in the penitentiary or S ; ate Prison, had been adop- 
ted, in lieu of that sanguinary mode of punishment which was derived 
from our English ancestors ; and which was still considered unavoida- 
ble by most civilized nations. That by the laws of this state, for ma- 
ny years after the revolution, all the crimes now punishable with im- 
prisonment for '-ife, and many which are row punished only by impris- 
onment for a term of years, were punished with death, for the first of- 
fence. All other felonies above'the dog ee of petit larceny, were, on a. 
first conviction, to be punished by fine, imprisonment, whipping, or 
other corporeal punishment, and with death for the second offence. — 
That the effect of this system was th;t a very great proportion of the 
guilty escaped dl punishment whatever. It was found that jurors 
would not convict on the ordinary evidences of guilt; or where they 
could find the slightest excuse for an acquittal That even the Judges, 
whose feelings revolted against the sanguinary code of laws which 
they were compelled to administer, cons; antly sought some excuse, 
from defect of form or otherwise, to save the life of the prisoner. And 
under such circum stances, if the law and the evidence was so perfect- 
ly clear, that neither Court or jury could prevent a conviction ; and 
when the dreadful sentence of death had been pronounced against the 
guilty, it was still found that the feelings of the community would not 
suffer it to be executed. And there being no other mode of punish-r 
ment devised, an executive pardon set the offender again at large, to 
renew his depredations upon society. That hence ii was that crimes 
continued to multiply : and offenders, so far from being restrained by 
the terror of capital punishment, were only the more encouraged to 
persevere in their villanies, from the well founded belief that the no- 
lareof the threatened punishment was such, that there" was little ofni* 

K 






<3t> 

danger that it ever would be executed. That such was our situation 
about thirty years ago, when that portion of the members of the legis- 
lature, who believed that society had a right to resort to any means, 
which were necessary, to protect itself against the wickedness and de- 
pravity of its worthless members, but whose judgment condemned, and 
whose feelings revolted against the ineffectual and bloody code of laws 
Which then existed ; united with those who doubted the right to inflict 
capital punishment in any case ; and adopted the penitentiary system, 
which had ever since been continued in this state. That a general 
prison for the state was then directed to be built ; and those offenders 
who were before punishable with death, with few exceptions, were 
doomed to imprisonment for life : and other felonies, for the first offence, 
were punished by imprisonment therein for a term of years. That for 
a short time after the erection of the first prison, it seemed to have the 
desired effect ; it was confidently believed that the hopes of the friends 
of humanity were about to be realized ; and that capital punishments 
might be dispensed with in all cases short of murder. But it was soon 
found that this new mode of punishment had lost all its terrors : that it 
neither restrained the cammission of crimes, or afforded any adequate 
punishment for the guilty : And that the numbers of the convicts, and 
the expenses of the institution, were rapidly and fearfully iucreasing. 
The vile and hardened offender there found himself surrounded by 
most of the comforts and enjoyments which he possessed while at large, 
and that his daily task of labor, was even less than that of most of our 
enterprising mechanicks and farmers. And relieved from all the cares 
of providing for himself or his family, and supported by the hard earn- 
ings of the virtuous part of community ; the incorrigible felon had full 
leisure to concert with his companions in infamy, new schemes of mis- 
chief: or still further to corrupt the minds of those who were not so 
completely hardened in guilt. That the expiration of sentences, and the 
necessity of exercising the pardoning power, to make room for new con- 
victs, daily turned loose upon society a gang of hardened villains, proper- 
ly instructed and fully qualified, to become master spirits in iniquity. 
And it was even ascertained that crimes were sometimes committed for 
the express purpose of enabling the offender to get back to the state 
prison, that he might there enjoy the comforts of a home and the so- 
ciety of his old companions in vice and infamy. That such was the 
penitentiary system, until a very few years since, '^he once ardent 
hopes of the friends of the system had nearly failed, and even those to 
whose feelings the idea of capital punishment was the most revolting, 
feared we should again be compelled to resort to the bloody code, when 
the present system of prison discipline, which had been gradually im- 
proving under tbe authority of the legislature, was fully adopted by the 
Inspectors of the Auburn state prison. 

His Honour remarked that confinement, with labor, merely, had no 
terrors for the guilty. That the labor which the human body was ca- 
pable of performing, without endangering its health, was but little more 
than many of the virtuous laboring class of community daily and vol- 
iititaiily performed fat the support and maintenance of their families. 



67 

That to produce reformation in the guilty, or to restrain the vicious 
from the perpetration of crime, by the terrors of punishment, it was ab- 
solutely necessary that the convict snould feel his degraded situation : 
should feel that he was actually doing penance for his wilful violation 
of the laws of his country. That he must, in his own person, be made 
to feel the difference which should exist between the situation of the 
upright and honest freeman, who labors for his daily bread, and the 
vile and negraded convict, who by fraud or robbery, has deprived that 
honest freeman or his family , of the hard earned rewards of his indus- 
try. That mistaken or misapplied sympathy for such offenders was 
injustice to the virtuous part of community. That the system of dis- 
cipline adopted by the Inspectors of this prison, under the sanction of 
the laws, was well calculated to have the desired effect, of reforming 
the less vicious offenders, and of deterring others from the commission 
of crime, by the severity of punishment inflicted ; and that too, in the 
best possible way. A mode of punishment, where comparitively little 
bodily suffering is felt, and the grealest severity of the punishment is 
inflicted upon the culprit, thro' the medium of the mind That it was 
however, thro' terror of bodily suffering alone, that the proper effect 
upon the mind of the convict could be produced : And thence the ne- 
cessity of a rigid enforcement of the prison discipline upon every con- 
vict, by the actual infliction of bodily suffering, if he would not oth- 
erwise submit to the rules. 

That it was impossible for the legislature to foresee every case 
which might arise, m the government of such a prison. The punish- 
ment was to be inflicted on men who had already become expert in 
evading the laws of society. They would soon find means to evade 
any general provisions enacted by the legislature for their government 
while in prison. And it was for that reason, the legislature had dele- 
gated to a board of inspectors, in the vicinity of the prison, the pow- 
er of making such regulations as from time to time they might find 
necessary. That the rules of the prison, which had been referred to 
by the witness, had undoubtedly been adopted by the inspectors, under 
that authority. That these regulations, if not repugnant to the con- 
stitution or laws of the state, had the binding force of a statute : and 
neither the court or jury, had any right to judge of their necessity, or 
their expediency. And the turnkey, under his oat;-, of office, was 
bound to carry them into effect. But the judge observed, even the reg- 
ulations made by the inspectors, must be general ; and much discre- 
tionary power must still be vested in the superintendent and the assist- 
ant keepers, who had the direct and immediate charge of the prison- 
ers. Cases must and would constantly occur, which did not come 
within the letter of any written law, or regulation : and where it might 
be necessary and proper to enforce obedience on the spot, in order to 
carry into effect the sentence of the law, and the general principles of 
the system. But notwithstanding these powers were necessary ; and 
although the welfare of the state, the peace and happiness of society, 
and the hopes of the friends of our present mild code of criminal 
law, all depended upon the success of the present svstem of disci- 



m 

phne, as adopted in the Auburn state prison, it did not follow that no 
Abuses of power existed there. That the most perfect system must 
always be carried into effect by human agents : and wherever there 
were such agents, the powers entrusted to them were liable to abuse. 
And that the true question in the case was, whether the defendant had 
gone beyond his powers, or wilfully abused the trust confided to him 
as a turnkey of that prison. And his honor trusted that whatever po- 
litical or other excitements might have existed in this county, in rela- 
tion to the government of this prison, either in favor of, or against its 
officers it would not enter into the deliberations of the jury in this 
case, or be found in any manner to have contaminated the sanctity of 
a court of justice. That in deciding the questions submitted to the 
jury, it was proper for them to take into consideration, the obvious fact, 
that the Convicts, who were placed under the government of the keep- 
ers, were not an ordinary set of men, and obedience to the rules of 
the prison, could not reasonably be expected to be enforced upon them 
in the same manner that obedience to the laws is enforced upon oth- 
ers. That the idea of inducing such men to submit to the discipline 
of the prison by any hopes of reward or immunity from punishment, 
must be abandoned, as destructive of the whole system of prison dis- 
cipline, as a punishment. That most of these men were desperadoes, 
who had refused to submit to the laws of society, and many of them 
were only restrained by the fear of immediate death, from taking the 
lives of their keepers. That they were there, actually and necessari- 
ly deprived of all their rights of freemen. That by their wilful mis- 
conduct and depravity, they hai forfeited all rights while there, but 
the rights of humanity. That the safety of the lives of the officers of 
the prison, required that the convicts should know they must submit 
to every regulation, and to every lawful command of their keepers, as 
to their masters. And that they should on no account whatsoever, be 
permitted to treat any of their keepers with the least disrespect ; es- 
pecially in the prese ce of other convicts. That the welfare of soci- 
ety, as well as the reformation of the convicts, required that they 
should feel that they were in reality, the slaves of the state. That 
they should hold no communication of any kind with each other ; ei- 
ther by word or action. That they should most deeply feel the awful 
degradation and misery, to which their vicious courses had reduced 
them. That they should feel that the ordinary sympathies of our na- 
tures could not be extended to them, consistently with the welfare of 
society, and that they must n- t be indulged. These were the laws of 
the prison, to which the convict must be made to submit, and implicit- 
ly to obey. And this rigid system of discipline, the defendent, by his 
oath as keeper, was required, by all the mean-, in his power, to enforce 
upon the convict. 

The Judge referred to the act of 1S19, which made it the duty of the 
keepers to inflict, corpore i] punishment on the convicts, under the di- 
rection of the Inspectors: provided, when corporeal punishment was 
inflicted on a prisoner, by whipping, it should be the duty of at least 
two of the Inspectors to be present He said this law was partly de- 



m 

eiaratory. and partiy prohibitory. That under the general provisions 
of a former act, which authorized the Inspectors to make regulations 
for the dis; ipline of the prison, they had the right to prescribe adequate 
punishments for the violation of their rules, either by moderate corpo- 
real punishment, or by increasing the rigor of confinement ; or in any 
other way which could not endanger the life, or destroy the general 
health of the prisoner. This part ofthe act of 1819, was therefore on- 
ly declaratory ; but the proviso which required two Inspectors to he 
present when the punishment was inflicted, by whipping, and which 
limited the number of lashes, &c. was prohibitory, and restricted the 
general power which the L spe tors before possessed. But his Hon- 
or declared there was nothing in this act, or the proviso, which in any 
manner impaired the common law right of the keepers, to enforce o- 
bedience upon the spot, either by the infliction of corporeal punish- 
ment or otherwise. That wretched and ineffic-.ent indeed, would be 
the system of government in such a prison, \<hich would require the 
keepers, whenever their authority was resisted, to go into the village 
and call two of the Inspect rs, before obedience to their lawful com- 
mands could be enforced. That the advocates for such a doctrine, 
had confounded the right to inflict a salutary punishment, for past ofTen- 
ces, with the right of enforcing obedience to the prison regulations, up- 
on the spot. That in the one case, the nature and extent ofthe punish- 
ment, depended on positive regulations. In the other case, it was a 
power incidental to the right to command obedience, and was founded 
on the law of necessity. That if a convict refused to leave his cell to 
go about his daily task, or to obey any other lawful order of his keepers ; 
they would be bound to enforce obedience, if practicable, either by the 
infliction of stripes, or otherwise, until the convict was thus compelled 
to submit to what was required of him. And still the Inspectors might 
afterwards direct the offender to be whipped for his misconduct on 
that occasion. 

That, in this latter case, two of the Inspectors were required to be 
present ; but not in the first. If a band of soldiers in war should re- 
fuse to obey a lawful command of their officer, he might compel obe- 
dience either by stripes or otherwise, inflicted on the spot. A:;d still 
these soldiers might be afterwards tried and punished for their mutiny ; 
but no part of that punishment could be by whipping, which is forbid- 
den by the articles of war. 

That, in the management of this prison, to carry into effect the 
sentence ofthe law, and the intentions ofthe Legislature, it was neces- 
sary that perfect obedience and submission to the rules of the prison 
and the orders of the officers should be enforced : and if the defendant 
had done nothing more than was necessary for that purpose, he was 
not guilty of any offence ; and it would be the duty of the jury to 
acquit him. That, on the contrary, if they were satisfied, from the 
evidence, that he had been guilty of cruelty and oppression towards 
this convict, which was unnecessary and unjustifiable under all the 
circumstances of the case, it would then be their duty to find a verdict 
against him. 



PROFITS OF THE PRISON— CHARACTER AND PAY OF 
ITS SUBORDINATE OFFICERS. 

On these subjects, I shall offer little else than the following extracts 
from the report of the Inspectors to the Legislature in January, 1825. 

The Agent and Keeper's salary is $1,000 a year, of the "fitness of 
which it does not become Mm to speak The pay of the Serjeant of 
the Guard is $25 a month, and of the other Guard g!8 only — a sum 
which the Agent considers too low for the services of the men now 
employed, or for any th^-t ought to be employed in so important du- 
ties, 'i he Physician is allowed $500 per annum. 

The expense of transporting convicts is paid by the Agent of the 
Prison, and will amount to about $3000 annually. — Sheriffs are allowed 
25 cents per mile for one convict, five cents each for any additional 
number, and 75 cents each per day for expenses. 

If this prison can ever be made to support itself, it is extremely 
doubtful whether it can be done before the expiration of the present 
contracts. 

Extracts from said Report.— "It has been supposed, by some intel- 
ligent and patriotic individuals, who have taken great interest in the 
subject, that this prison might be made to relieve the state from all ex- 
pense in relation to it. Calculations and estimates can easily be made 
on paper, that would seem to sustain such an opinion ; but, from ex- 
perience of the past and in view of the future, we are fully convinced, 
that while this prison is made to answer the end of its institution, in 
the administration of criminal justice, as a place of punishment, such 
calculations can never be realized : at all events, not until more fa- 
vorable facilities are afforded for the employment of convicts. 

Among state convicts, a large portion are invalids; some by reason 
of age and infirmities, others by diseases of an incurable character — 
the fruits of dissolute habits : That a portion of the most healthy 
and vigorous, are subjected to more than the ordinary diseases of life 
- — that none but mechanics can be employed to any advantage — that 
much time is lost before the convicts can be made proficients in their 
several trades, especially those advanced in life, with fixed notions and 
habits, and feeling a strong repugnance to the idea of being made to 
earn their subsistence. 

The practice of pardoning, with the new sentences and the expira- 
tion of the old, occasions a continued changing of profitable mechan- 
ics, for raw, ignorant hands. This is a source of very serious embarrass- 
ment in making the labor of convicts profitable. There are also num- 
bers necessarily employed in the kitchen and washing departments, in 
cleansing the cells, waiting on the hospital, &c. &c. besides those em- 
ployed in making clothing, shoes, and all other articles for the use of 
convicts. It is proper also to remark, that, among the convicts n ot 
in this prison, there are an unusual number of old enfeebled men and 
invalids. % 



t A large majority of those sent from the New York Prison to this, are 
feeble and disabled men, and on long sentences. !t is also worthy of remark, that 



71 

Notwithstanding, that, from the prospects of this prison, it will re- 
quire the continued aid and support of the government, yet we solicit 
the attention of the Legislature to some suggestions in relation to the 
amount of wages now paid to the subordinate officers of this prison. 

The Deputy Keeper, and the Clerk, are allowed by law $450 each, 
and the other Keepers $350. These are all, important offices, and 
should be filled by men of peculiar qalihcations — combining talents, 
an intimate knowledge of human nature, great energy and decision of 
character, with equal humanity and discretion. Can it be supposed 
that men, possessing such essential requisites, can be induced, by so 
small a compensation, to forego the ordinary comforts of life, take up 
their abode with felons, and put their lives at hazard 1 

The success that has attended the appointments we have made to 
those places, has resulted from the pecuniary embarrassments of un- 
fortunate men, thrown out of employment and the immediate means 
of support, who for mere temporary purposes, have accepted appointments 
until they could employ their talents with greater advantage and com- 
fort. These causes produce frequent changes, which are detrimental 
to the interests and safety of the institution. Without enlarging upon 
this subject, we cannot but urge with great earnestness, that a law 
may be passed authorising an addition of at least $50 to the pay of 
each of the Turnkeys or Assistant Keepers, and of $150 to those of 
Deputy Keeper and Clerk. 

The Deputy Keeper holds an office of responsibility and importance : 
On him, more particularly, falls the interior police of the prison. He 
has the constant direction and control of all the under keepers, and 
the immediate superintendence and discipline of the prison, i 

The office of lerk, in so extensive an establishment, embracing a 
great variety of complicated concerns, is also one of great moment : 
and the sum proposed we consider as the least that will command the 
requisite talents, skill and integrity." 

It is a common remark by those who are acquainted with the sub- 
ject, that they never knew so much hard service performed by men for 
so poor a compensation as by the subordinate officers of this prison. 

And in justice to those officers the Agent cannot refrain from bear- 
ing public testimony to their zeal, humanity, ability and discretion. — 
They are moral, upright and exemplary men ; and it affords peculiar 
pleasure to state, that the Agent, since his appointment, has never 
heard any profane language from a single officer or guard. 

The grant of land for the prison, contained also a grant of one half 
the water privilege of the Owasco creek adjoining, which privilege 



they are guilty of more disobedience, and incur more punishment than all the other 
convicts. — They brought with them the art of communicating with each other by 
means of an alphabet composed of the varied motions of the fingers. 

t £150 was added to the salary of the Deputy Keeper, but nothing to the other 
alaries 



\vas used as a strong argument to the Legislature in favor of locating 
the prison at this place. When the first part of the prison was built, 
a dam was throw 1 across tho stream, and machinery erected to drive a 
forcing pump to snpply the prison with water. 

Afterwards, the Legislature provided for supplying better water from 
a neighboring spring, and the use of the forcing pump was discontinued ; 
eince which, no benefit has been derived to the prison from water 
power. 

With the advice of the Inspectors, the Agent has determined to 
bring water power into the prison, which will be accomplished in the 
course of this fall. He thinks it can be applied advantageously to bu- 
siness now carried on in the blacksmiths', coopers', turning, and 
tool shops — also to turning mill spindles, and making all kinds of 
cotton and woollen machinery, a business which it is intended to intro- 
duce. 

It is hoped and believed that the above measure will materially aid 
in promoting the earnings of the establishment, although it occasions 
considerable present expense. 

In speaking of the kird of work proper for a state prison, the com- 
missioners heretofore mentioned, very properly remark, that it should 
unite the following properties : 1st, that it should be a kind for which 
there is a great demand : 2nd, that the material should be cheap : 
3d, that the trade should be easily learned : 4th, that it should be a 
business which cannot be so conducted by machinery, as to reduce the 
wages too low : 5th, that it shonld be a trade at which hard work can 
be enforced, and made the more profitable. 



73 



A GENERAL DESCRIPTION OF THE BUILDINGS, WALLS 

AND YARDS. 

This Prison was commenced in 1816, and is constructed upon the 
plan of a hollow square, enclosed by a wall 2000 feet in extent, being 
500 feet on each side. The following is a simple survey or ground plan. 




The exterior line is the wall which encloses the whole Prison ground 
and buildings. 

E. Is the eastern front gate. 

A. Is the front yard, about 60 feet square. 

B. is the Keeper's dwelling. The basement story contains a kitchen. 
Store-rooms, and pantries. The first story contains the Inspector's and 
Agent'B office, and Clerk's office, with convenient adjoining rooms. 

The main hall passes through the centre, between the offices, to tho 
keeper's hall in rear. The second story has two large parlors, two bed- 
rooms, a sitting room and an open hall. From the windows of this and 
^hc Attic story, there is a pleasant prospect of the village and adjacent 
ctountry. Tho attic story hsa five well arranged rooms. 

?* 



74 

The basement, second and attic stories are exclusively appropriated 
to the use of the keeper. 

This building is about 60 feet wide, of about the same height to the 
top of the battlements, and projects out from the main building, 25 feet, 
and cost from forty to fifty thousand dollars. The front of the prison, 
including the above building, is about 300 feet, and each wing extends 
west 240 feet. 

C. Is a fruit yard and green, of about 90 feet by 100. 

G. G. Is she garden, the front part of which is 216 feet by 110, and 
the rear part, about 100 feet square. 

N. W, Is the north front and wing, containing the solitary cells and 
Hospital. 
S. W. Is the south front and wing, divided, principally into large rooms. 

g. Is the guard and engine house. 

D. The north, wood and lumber yard which is 3<^4 feet by 111. 
e. The gate that leads into it, and 

i, the gate that leads from it, into the interior yard. 

z. The back stoop, which overlooks the whole interior yard. 

Y. The space between the wings, which is a grass plat with gravel 
walks. 

y. The interior yard covered with gravel, and always clean, and 
dry walking over it. Between this and the grass plat, there is 
an offset of 2 or 3 feet, made of stone, on which there is a 
wooden railing except at the steps. Over the centre steps is hung the 
yard bell. 

r. r. The reservoirs of water 8 feet deep — one 15 1-2 feet by 43, 
and the other 18 feet in diameter and communicate with each other. 

F. Cooper's yard 128 feet by 110. 

p. Paint shop 84 by 26, which is the width of all the shops. 

o. o. The east and west Cooper's shop. 

v. The vault 26 by 30 feet. — By opening the gates of the reservoirs 
of water, it will rush through the common sewer and vault, and sweep 
ail the filth into the creek. 

w. Is the weave shop. 

u. The shoe and Tailor's shop. 

x. Is the Carpenter's shop. 4|k< 

m. The Blacksmith's shop. 

These shops, besides the paint shop, form a continued range of 900 
feet — They are well lighted by windows in the sides, — There is also 
a jog in about the centre of ihe roof, for a single tier of lights, which 
are much better than flat sky lights, which were first used. 

The shops are built of Brick, and as a security against the progress 
of fire, there is a brick partition wall between each of them, extending 
above the roofs. 

The outer walls, against which the shops are built, are 35 feet high^ 
on the inside — and the other walls about twenty. — They are four fee*, 
thick, and the walls of the prison three feet thick. But no adequate 
description of this grand and expensive pile of buildings and walls? can 
be given without the aid of drawings. 



The expense of the whole, without including the labour of convicts 
employed, after preparation was made to receive them, was above 
g 300,000, only $ 50,800 of which was expended on the north front 
and wing, all the shops, guard and engine house, and various other 
improvements. 

It has been asked, •' what would be the proper size for the employ- 
ment and safe keeping of sixty or seventy criminals " \ This ques- 
tion is intended, no doubt, not only to embrace the size, but form of 
construction, arrangements, and description of all necessary buildings, 
yards and walls. Without the services of a mechanick in making suit- 
able drawings, this question cannot be answered much better than from 
what has already appeared from the descriptions given of this prison. 
This, however, is a proper occasion to remark, and it cannot be too 
often or too forcibly repeated, that the ease and success of prison disci- 
pline depends, vastly, upon the construction of its buildings and yards. 
After separation of convicts, by solitary cells, facility of inspection is 
almost every thing ; and much of the success which has attended this 
institution, is to be attributed to this cause. I he whole interior yard 
and shops can be surveyed at a glance, and there are no bye-ways and 
corners to screen the prisoners from the view of the keepers. It is be- 
lieved, however, that improvements upon our shops may be made for 
shoemakers, tailors, and others, not requiring much room, by having 
the shops circular, the overseer stand in the centre, with the convicts 
facing from him towards the windows; and as a further improvement, 
it has been suggested, to have narrow partitions between each convict, 
forming a sort of stalls, with a window in each. Such an arrangement, 
with ordinary vigilance on the part of the keeper, would render any 
communication between convicts, next to an impossibility. Another 
great evil, in addition to the difficulty of inspection, is the want of 
room, in the yards and shops. That evil is already felt in this prison 
Instead of about five acres only, which are enclosed, there ought to 
have been at least ten or twelve, and the time is not distant, when more 
yard and shop room will be indispensable. 

It is gratifying to learn, that a prison in Massachusetts, one in Con- 
necticut, and one in the District of Columbia, are now building upon 
the plan of the north wing of this ; and it is hoped for the cause of vir- 
tue and humanity, that many others will be built upon the same mod- 
el .* but unless great attention is paid to other matters of arrangement 
than that of the night cells, important as they are, the work will be but 
half done. 

There are three gentlemen in this village, master builders (Samuel 
C. Dunham, Lawrence White, and Elias Miller) who have been em- 
ployed in building this Prison. 

They are familiar with every mechanical part of it and capable of 
drawing the best designs, which their experience here, and that of the 
officers of this institution can suggest, and of superintending any buil- 
ding operations. Wherever the improvements of this Prison are con- 
sidered valuable, the services of those men would be important. 

To the knowledge and experience of the former, as a builder, he 



76 

unites a thorough knowledge of the discipline of this Prison and is 6 
capable officer. 

Some of our Assistant Keepers are first rate Mechanicks, as well as 
officers, who will not remain in this institution much longer, with their 
present salaries, as they can employ their talents to much greater ad- 
vantage. If this Prison must lose their services for want of a just 
compensation, which would be a great loss, they would -be valuable 
men in other institutions, where— they might be more liberally re- 
warded. 

In building a new Prison, the overseer of th© blacksmith's depart- 
ment, Herman Eldridge, would be a valuable officer and machanick. 

GENERAL AND PRESENT HEALTH OF THE CONVICTS. 

This prison has been distinguished for the general good health of 
the convicts. 

During the year 1822, there was an average number of between 7, 
and eight, confined to the hospital, out of 220 convicts, and 10 deaths. 
In the year 1823, an average of nine, out of 260, and nine deaths. — 
In 1821, an average of 10, out of 328, and two deaths, both by con- 
sumption. — The physician's report of that year, states: 

" That though there has been an increased number of convicts report- 
ed sick, the number of deaths is smaller than any year preceding, & that 
the reason is obvious. — That there has been an abandonment of continu- 
ed solitary confinement — that those in the cells who were pardoned the 
last spring and summer, were most of them enfeebled, and sickening 
with a consumptive diathesis, that would have become incurable. 

" That diseases are characterized by the same symptoms as those in 
the adjacent country, and that as long as the regulations for cleansing 
are rigidly enforced, there cannot exist in or about the prison, any 
local or pestilential cause of disease." 

During the year 1825, there was an average of six, confined to the 
hospital, out of an average of 386 convicts, and six deaths. — From 
January 1826, to the first of October following, there was an average 
number of 432 convicts, five in the hospital, and six deaths. 

The proportion of deaths in this prison, has been about one to twen- 
ty^eight convicts received ; in Vermont about the same ; in Massachu- 
setts, one to eighteen ; and in the prison at New- York, one to eight. — 
The proportion in other prisons is not known. 

The resident physician of the New- York prison, stated to the Agent 
of this, a few weeks since, that there were 380 convicts in that pri- 
son, that he left 30 in the hospital, and that 25 was the average num- 
ber of hospital cases. 

The convicts here, are strictly prohibited the use of ardent spirits 
and tobacco, except as medicine : and contrary to a very common, but 
fallacious notion, that the confirmed drunkard cannot break off, at 
once, from the use of spirits, without danges to his health, it has been 
ibund invariably, that the most besotted drunkards have never suffered 
in their health, from that cause, hut almost as uniformly, their health 
lias been improved. They appear to be very uneasy, and somewhat 



m 

lost, for a few days, and with rather poor appetites, after which, they 
eat heartily, and improve in health and appearance. Being deprived 
of tobacco, occasions much more suffering to those who have been in 
the habit of using it, than the loss of ardent spirits to the drunkard. 

There are many who have been confined for years, that would cheer- 
fully exchange half their rations of food, for a moderate allowance of 
tobacco; yet the want of it rarely affects their health or appetites. 

REFORMATION OF CONVICTS. 

It is believed that very erroneous opinions are entertained on this 
subject ; but they have arisen chiefly from the failure of success with 
the old mode of discipline, which has been practised in prisons, with- 
out the separation of convicts. 

The frequency, and one great cause of re-convictions in other pri- 
sons, will very forcibly appear, from the following extracts from the 
report to the prison discipline society before quoted. 

" The correctness of these opinions, in relation to the evils arising 
from a crowded state of the night rooms, is supported by a compara- 
tive view of the penitentiaries in the United States, in regard to the 
re-commitment of convicts, where the night rooms are crowded, and 
where they are not. 

In the New-Hampshire penitentiary, the whole number of prisoners 
received from November 23, 1812, to September 28, 1825, was two 
hundred and fifty-seven ; of whom eleven only were committed a 
second time. 

Twenty-one have been pardoned; of whom only one has been 
gtiilty of a second offence. 

The number of prisoners, September 22, 1S25, was sixty-six ; of 
whom only three were for a second offence, and none for a third. 

In this prison, from two to six are lodged together ; generally, how- 
ever, not more than two. 

In Connecticut, of 117 convicts in prison Feb. 1S25, 26 were com- 
mitted for second, third, and fourth offences. 

In the penitentiary, in New- York city, the number of females, in 
November, 1825, was sixty-six ; of whom twenty were committed a 
second time ; six, a third ; two, a fourth ; and one, a fifth. 

Here they are lodged ten and twelve in a room. 

In the state prison, in New- York city, in 1802, out of one hundred 
and ninety-one convicts received, forty-four were committed a second 
time, and two, a third. 

The whole number of re-commitments to that prison, for a second 
offence, is four hundred and ninety-four ; for a third or more offences, 
sixty-one ; and the number pardoned, after having been convicted two, 
three, or more times, is one hundred and eight. 

In this prison, the average number in the night rooms, is twelve. 

In the Philadelphia penitentiary, the number of prisoners, August 
24, 1819, was four hundred and sixteen; of whom seventy-three had 
been twice convicted; twenty-five, tfircft time?; seven, four times v 
acd two, five times, 



78 

. In the female department, the number of convicts was sixty-three ; 
of whom seventeen had been convicted twice ; and two, three times. 

Of the whole number of convicts in this prison, from 1810 to 1819, 
four hundred and nine had been convicted twice; fifty-four, three 
rimes ; and two, six times. 

Of four hundred and fifty-one convicts, in this penitentiary, in 1817, 
one hundred and sixty-two had been before committed or pardoned. 

In this Prison, twenty-nine, thirty, and thirty-one, are lodged in 
most of the night rooms. 

In the Massachusetts Penitentiary, in 1817, out of three hundred 
convicts, then in Prison, ninety were under commitment for the second, 
third or fourth time. 

In this Prison from four to sixteen are lodged in each of the night 
rooms." 

But where effective discipline is connected with an effectual separa- 
tion of the convicts — where those convicts are allowed salutary exer- 
cise of body and mind, under proper restraints— where the ignorant 
are instructed,* and the intelligent subdued — where every movement, 
privilege and deprivation tends to produce a moral action upon the 
mind and to soften the feelings and affections— where the reproofs and 
consolations of religion are daily administered, and especially on the 
Sabbath — and where the resident Chaplain and principal officer habit- 
ually visit their solitary cells and personally admonish with kindness 
and pungency — what cheerful hopes may not the Christian, the Phi- 
lanthropist and Statesman indulge. 

Sufficient time has not yet elapsed fully to develope the influence 
of confinement in this prison, in reforming the habits and dispositions 
of men ; but enough has appeared to promise the most favorable re- 
sults. There have been fewer reconvictions according to the number 
of convicts, in this prison, than in any other known ; and their fre- 
quency is evidently diminishing. From 167 of the convicts last 
received, there were but three on reconvictions, one of whom was 
from the solitary class. 

With a view to ascertain the conduct of convicts who have been dis- 
charged from this prison, and whether they had been made better or 
worse men, about three weeks since, an inquiry was instituted, and has 
been continued by means of circular letters and otherwise — in answer 
to which, we have received accounts respecting forty -seven convicts. 

This measure will hereafter be pursued by the Agent, and a register 
of the names with the accounts received, will be regularly kept and 
indexed, as well as the examinations of convicts who go out, and 
which cannot fail of being valuable documents. 

The favorable information thus far obtained, supasses our most 
sanguine expectations. 

Information has been received of the above forty-seven convicts 
mostly through Postmasters, to whom circulars were directed — of 

§ Since the printing of the article relating to Sabbath School instructionin this 
Prison, the number of sholars has been increased to 100, whk'h is nearly one fourth 
part of all the^convicts in prison. 



others, from Sheriffs, and of some, from individuals who have visited 
the prison, and who were acquainted with them. 

Of this number, 31 are spoken of in terms of decided approbation 
— as being sober, honest, and industrious citizens ; and, what is pe- 
culiarly gratifying, because it was in a degree unexpected, several 
are mentioned, as having been, before conviction, more or less addict- 
ed to habits of intemperance, and some very notoriously so. Of an indi^ 

vidual of this latter class, the Sheriff of the county of says: — 

" I knew him before he went : his conduct, habits, and manners were 
bad — he was a poor dissipated being. He neglected and abused his 
family, and was a scourge to community. Since his return here, he 
has behaved himself like a man and a Christian, and seems altogether 
reformed from his former propensities." 

Five are spoken of with more reserve, but still are described as be- 
ing much improved. 

Three, who are still mingling with society, are described as being 
decidedly bad characters, both before and since their confinement. 

One is mentioned as having, previously to conviction, been a very 
bad man, and as having behaved extremely well since his discharge 
— but that the shortness of the time since his discharge, renders it im- 
practicable to form any decisive opinion as to his future conduct. 

Two have been heard from as being again in State Prison — one at 
New- York, the other at Philadelphia. 

Two are stated to be in county gaols, charged with the commission 
of crimes. 

Two are spoken of as being but little known, but nothing unfavor- 
able has transpired in relation to them. 

One, who was deranged when he left this prison, is described as 
continuing in this state — character before conviction said to have been 
good. 

Whether subsequent accounts will prove as favorable as the forego- 
ing, cannot, at present, be known ; still, enough is known to convince 
the most skeptical, that the reformation of the votaries in crime in a 
Penitentiary, as has been thought by some, is not absolutely a vision- 
ary idea. 

This article will be concluded by an extract from one of the letters 
before referred to. It contained an account of six convicts, in the vi- 
cinity of the writer. In closing his remarks, he observes : — " On the 
whole, I am persuaded, that, so far as I am acquainted, in a large ma- 
jority of the cases, great improvement in conduct, morals and habit?* 
has been effected." 



80 



A TABLE, 

Shewing the number of convicts received on first conviction, theif 
crimes, terms of sentence, ages, places of nativity, employment, the 
number of deaths, pardons, &c. 
The whole number of convicts received, Oct. 1* 1826, 997— *he 

first received in April, 1817. 

PLACES OF NATIVITY. 



New-York, 


390 


Rhode-Island, 


30 


Ireland, 


92 


Connecticut, 


117 


Maine, 7 


England, 


34 


Massachusetts, 


100 


Maryland, 7 


Germany, 


m 


Vermont, 


61 


Virginia, 7 


Canada, 


n 


Pennsylvania, 


35 


Kentucky, 5 


Nova Scotia, 8 


New-Jersey, 


34 


North Carolina, 3 


Scotland, 


8 


New-Hampshire, 


30 


South Carolina, 1 


France, 
Wales, 


3 
2 






Whole No. 


9ST7 






AGES. 




15 to 20, 


98 1 30 to 40, 226 


50 to 60 44 




20 to 30, 


487 [40 to 50, 121 


60 to 70 17 










70 to 80 4 








997 








CRIMES. 




Grand larceny, 




446 


Manslaughter, 


20 


Forgery, 




119 


Arson, 


19 


Passing counterfeit 


money 


» no 


Rape, 


18 


Burglary, 




53 


Bigamy, 


12 


Perjury, 




50 


Swindling, 


6 


Breaking gaol, 




40 


Murder, (1) 


6 


Petit larceny, 2d offence, 


33 


Felony, (2) 


3 


Assault & battery with inter 


it to rape, 26 


Kidnapping, 


2 


Assault & battery with inte 


nt to kill, 23 


Sod< 
Atte 


>my, 
mpt to 


poison, 


i 
i 



997 

(i) In these cases the punishment of death was commuted by the Legislature* 
and they were sentenced to imprisonment for life. 

(2) In those cases the certificates of conviction did not designate the description 
of felony. 

Pardoned, 373 I Deaths, 40 

Discharged by expiration of sentence, 104 | Escaped, (3) 23 

(3) All except two, escaped before the prison was completed. This does not 
include those who escaped from the canal. 

Negroes, 3S | Indians, 14 1 Female?!, 17 



81 



OCCUPATIONS WHEN CONVICTED. 



Laboruers, (4) 


332 


Saddlers, 


5 


Wheelwright, 




Shoemakers, 


105 


Millwrights, 


3 


Miller, 




Carpenters, 


52 


Hatters, 


3 


Trunkmaker, 




Blacksmiths, 


52 


Printers, (5) 


3 


Sailmaker, 




Tailors, 


23 


Barbers, 


3 


Reedmaker, 




Masons, 


17 


Chandlers, 


2 


Chairmaker, 




Clothiers, 


17 


Wagonmakers 


h 2 


Silversmith, 




Weavers, 


16 


Butchers, 


2 


Potter, 




Coopers, 


16 


Gunsmiths, 


2 


Tinner, 




Tanners, 


10 


Bloomers, 


2 


Boatbuilder, 




Cabinet makers, 


9 


Turner, 


1 


Ploughmaker, 




Painters, 


8 


Papermaker, 


1 




. 










997 




TEE 


IMS OF SEN 


TENCI 


■ 




3 Years, 


144 


5 Years, 


132 


11 Years, 


2 


3 „ 1 day, 


119 


6 „ 


39 


12 „ 


i 


3 „ 1 month 


, 4 


7 „ 


170 


13 « 


2 


3 „ 3 ,, 


1 


8 „ 


41 


14 „ 


39 


3 „ 6 „ 


16 


9 „ 


5 


15 „ 


2 


4 ,, 


117 


10 „ 


67 


18 „ 
I Life, 


88 



997 

(4) In the class of labourers are placed all those who have no regular trade, 
viz. farmers, sailors, soldiers, &:c. &c. together with a very few merchants, law- 
yers, and physicians, 

(5) One of these had a good classical education, and has fine talents. He has 
been pronounced a first rate scholar in mathematics, by two Professors whom the 
Agent invited to examine him ; his crime was forgery , and he was addicted to in- 
temperance. 

There has been no other convict in this Prison, who is known to have been classi- 
cally educated. 

A TABLE 

showing the number and employment of convicts, 31s£ October, 1826. 



C4RPENTER'S SHOP 

Tool makers on contract, 14 
Turners on temporary do. 6 
Employed for customers 

and Prison Work, 5 

Waiters, 2 

BLACKSMITH'S SHOP. 
Gunsmiths on contract, 5 
On temporary contract 
making printing appar- 
atus, 8 
Common workmen at cus- 
tomers work and for the 



Prison, 4i 

Apprentices, 9 

Waiters, 2J 

WEAVER'S SHOP. 

27 1 Weavers on contract. 53 

Spoolers, warpers, bobbin 

winders, &c. &,c. 34 

All invalids by age or in- 
firmity, 
Carpenter repairing looms 

&c. 1 

Waiter, 1; 

Weavers for Prison, 6| 



2S 



(Jit 



spoolers ibr do. 3 




At Prison work. 




£ 


Spinners for do. 6 


104 


HOSPITAL, 




106 


SHOEMAKERS SHOP. 




Nurse, 




1 


Employed by contractors, 60 




Cook, 




1 


Do. for Prison, 4 


i 


Sick, 




4 


Invalid waiter. 1 


65 In cells insane. 




g 






Females, 


8 


8 


TAILOR'S SHOP. 




Cook in Keeper's kitchen, 


1 




Employed by contractors. 




Gardner, 


1 




Good workmen, 14 




Ostler, 


1 




Apprentices, 29 




Soap boiler, 


1 




Employed for Prison. 




Barber, 


1 




Tailors, S 




Wood-sawers, and labor- 






Wool pickers, 4 




ers in North Yard, 


10 


23 


Hammock Maker, 1 










Waiter, 1 


57 


KITCHEN. 










Cooks, 


2 




COOPER'S SHOP. 




Baker and butcher, 


2 




Making barrels. 




Waiters including one for 






Good workmen, 34 




officers, 


8 




do. lame, 3 




Washers and sweepers, 


5 


17 


Apprentices, 15 










Grinding Tools, 2 




RECAPITULATION. 






Sawing, riving, and cul- 




Carpenters, 




27 


ling, 7 




Blacksmiths, 




28 


Laborers, 9 




Weavers, 




104 


Waiters, 3 




Shoemakers, 




65 


Malting painted zcare. 




Tailors, 




57 


Good workmen, 12 




Coopers, 




106 


Apprentices, 7 




Hospital, 




S 


do. Lame j 4 




Females, &c. && 




23 


Kiln tenderj 1 1 




Kitchen, &c. 




17 


Painters, 4 


• 






_ 


Scourer j 1 








405 


Waiters, S 


21 




: 





> 



POSTSCRIPT. 

JUST after the last pages of this pamphlet were put 
to press, one of the officers of this Prison suggested 
an improvement in the inspection of our shops, which 
is deemed highly important. 

It is, to have a narrow passage of two or three feet 
In width, partitioned off on the back sides of the shops, 
next to the external wall, where there are no windows, 
and extend round the whole line of shops : so that one 
may enter this passage, say in the Blacksmiths' shop, 
(see ground plan, page 73,) and walk unseen and un- 
iieard through the Carpenters', Tailors', Shoe and 
Weavers' shops, and have a perfect view of every part 
of each shop, by looking through small places, to be 
prepared in the partition for that purpose. The con- 
victs would always fear there would be an officer in the 
passage, and would scarcely dare to talk or practise 
any mischief, though their overseers' backs should be 
turned. With such an arrangement, a keeper might 
be spared from one of the large shops, whose princi- 
pal duty it should be to walk this passage. 

It woufd also afford the Keeper and Deputy the 
means of salutary inspection, and control of the Assis- 
tant Keepers. 

[N. Bi The Engraving alluded to in the contents, was expected 
(torn the eastward, but did not arrive.] 



ERRATA. 

On page 2, of the preface, in the 8th line from the top, strike out 
of between the words statute and criminal. 

Pa.ge \% 4th line from the bottom, for Iphmw read learn > 



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